Legal Question in Employment Law in Michigan
Resignation and collection of earned bonus
After 19 years with the same company, I decided to resign and begin my own business in the area of Training prosess and design.
The position I left had, as part of it's compensation package a bonus of $40,000 per year. A portion of that bonus is paid on a quarterly basis. In order to be eligible for a given quarterly payment the employee must be employed on the final day of the quarter...I was.
In addition, another individual who performed the same tasks as I, working in the same department as I also resigned on the same day that I did. He received his bonus.
My ex-boss now refuses to accept my calls or return my messages.
My question is, what recourse do I have to collect this quarterly bonus that is rightfully mine?
Thank you in advance for reviewing this question!
1 Answer from Attorneys
Re: Resignation and collection of earned bonus
You do not say whether there is any written policy or agreement for the bonus. Even if there is not, you may have a contractual right to the bonus based on the past practivces of the employer. Your ultimate remedy is to file suit for breach of contract. However, a lawyer may be able to obtain your bonus for you through negotiation without filing suit.
I am interested in the fact that another person in a similar situation got his or her bonus while you did not. Why did the employer do this? If the diference in treatment was based on illegal discrimination (race, sex, color, national origin, religion, age or disability) then you may have a discrimination claim as well.