Legal Question in Civil Litigation in South Carolina

Bonus

My Niece previously accepted a job offer with a another company and gave her 2 weeks notice to her current employee where she had been employed for 3 or more years. They gave out bonuses which was around 600 to 700 dollars and she did not receive one. Her current employee only said she didn't receive one because it is only given to employee who will be there starting 2006. Is this legal?


Asked on 12/27/05, 10:41 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Bonus

Attorney Riddle has given a good comprehensive answer. Let me add that her big concern now should be getting a good job reference, not hurting the chances for that by discussing the lack of a bonus. One doesn't want to burn their bridges.

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Answered on 12/27/05, 12:27 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Bonus

Absent a contract providing otherwise, a bonus is just that -- a bonus. It is not an entitlement or right. It is provided at the employer's discretion, based on the employer's criteria. That may include such factors as a job well done, sharing the company profits, boost in morale, retention of good workers, or whatever. If an employer was prohibited by law from determining who got bonuses, and for how much, most would simply not give them in the first place.

It is not surprising that an employee who has quit did not get a bonus.

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Answered on 12/27/05, 10:47 am


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