Marietta, GA asked in Employment Law for Georgia

Q: employment related

Hello, I am quiting my company in a couple of weeks first week of January. My present company pays out the bonus annually. I assumed they would be paying that out since I am completing this year. but after resignation they came back and said I would not get my bonus since I would not be here on the day of payout. I offered to work the additional weeks till the time of payout to get my due for last year but they refused that as well. So they want me to leave on the day and don't want to see any options where they have to payout the bonus. I think it's very unfair . Is there anything I can do here?

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1 Lawyer Answer
Samantha A Holloway
Samantha A Holloway
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: It depends. If you signed a contract with your former employer, the contract may spell out how bonuses are distributed. The contract may state that you have to be employed with the employer on the date that the bonuses are distributed. You should also check the employee handbook to see if it contains a similar provision. If there is no contract or employee handbook (or if they dont contain a provision regarding bonuses) you will likely be unable to recover the bonus. A bonus is an extra payment, therefore your employer does not have to give it to you, unless they are withholding it for an unlawful reason.

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