Legal Question in Business Law in Virginia

Bonus for services rendered, not received

I put in notice to my job, and at that time, bonuses were being distributed. I put in a total of 11 days notice and because I didn't put in a ''full two weeks notice'' they didn't give me my bonus. To me, I thought giving notice was a courtesy, not a requirement. What recourse do I have against this company? I have a feeling the check was about $1000. I was there the entire bonus period and what I would like to know is if I can seek legal representation regarding this bonus. They contest that the bonus is given for good performance and is not guaranteed. When the other managers got theirs, and I did not, I began to question it. What can I do?


Asked on 12/02/05, 7:31 am

1 Answer from Attorneys

Michelle Stawinski Bouland & Brush LLC

Re: Bonus for services rendered, not received

Traditionally, a bonus is at the discretion of the employer and can be withheld for any reason or no reason at all. However, if your contract or employment agreement states that you will receive a bonus if certain criteria are met (usually reaching a revenue goal for the employer), a Court may force the employer to provide the bonus for you.

As far as the 11 days notice, the same concept applies. Unless you have a contract or there is an employee handbook that requires two full weeks, notice is just a courtesy. If there is a contract or an employee handbook, it should spell out what the penalty is for failing to provide a full two weeks notice.

Finally, if you believe that your employer had an obligation to give you the bonus (remember, that is the rare circumstance), you should consult with an attorney because you may be eligible for treble damages (rather than the $1,000 you may be able to recover $3,000). Even after the contingency is paid to the attorney for his/her services, you could get twice what your employer intended to pay you.

Read more
Answered on 12/02/05, 10:54 am


Related Questions & Answers

More Business Law questions and answers in Virginia