Legal Question in Employment Law in New York
Entitled to Bonus I Was Promised in Writing?
I recently received a letter about my bonus for the year 2007. The letter says, ''Your bonus amount, less the holiday draw will be paid to you in February 2008.'' (Holiday draw = they gave everyone $1500 of their bonus before Christmas.)
I am considering quitting my job soon, before February. Is the promise of my bonus legally binding, and am I still entitled to receive my bonus if I resign before the payout date?
1 Answer from Attorneys
Re: Entitled to Bonus I Was Promised in Writing?
It depends on your contract. Usually unless stated in the company handbook or in your contract, you must be employed when the bonus is paid out. If you are fired before then, you may have a claim that you were terminated so that the bonus would not have to be paid. If you leave voluntarily, you would not have that opportunity to argue to collect your share.
Good luck.
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