Asked in Employment Law

Q: Can my employer withhold my bonus even though I was and am currently employed and everyone else got it paid out to them?

We were promised a bonus for staying employed for 6 months with our company January 1,2023- June 30th, 2023 and mine is being withheld because I had an incident on July 8, 2023 and everyone that stayed got their bonus paid out on July 21, 2023 except for me. I am currently employed with the company as well.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II

A: From your description, this appears to be a breach of contract, of course you don't say what the "incident" was. If it was severe enough to warrant your termination, the employer may have justification, but you are still employed, so it cannot be that bad, can it? You should discuss all the facts with a local employment law specialist and determine how you want to handle this. Maybe a letter will get you your bonus, but REALISTICALLY, whatever action you take, it is NOT goiing to sit well with this employer and you could end up out of the frying pan and into the fire- no job. Do not delay because there may be a statute of limitations in effect that will affect you. Thanks for using Justia ask a lawyer.

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