My husband has an employment contract with his employers specifically listing bonuses for completed jobs. He has yet to receive any of the bonuses as stated. There is no specific language as to when the bonuses are to be paid, but he has asked and cannot get a straight answer as to when they will be paid. His contract also specifically states his weekly salary - which the employer varies the amount at his discretion. Something else, last week he received a check for his normal salary and one that specifically said "Winter Bonus" which happened to be the same amount as his salary. The next week he did not receive his normal salary and the employer is saying that the Winter Bonus was his salary. He is actively looking to change employment. Is it better to hire a lawyer or file a complaint with the DOL???

Since the main issue appears to be the contract, I would recommend he meet with a local attorney for advise as to whether the contract has been breached and what his recourse is.

Now, as to the "Winter Bonus", this is a little more obtuse. If he were to report to the state DOL that he did not get his regular salary for the week, and the employer told the state "Oh, your 'Winter Bonus' was intended to be your salary", they would probably ask why it was recorded as a "Bonus" and why it was paid early, if that was the intent. I honestly don't know what their decision would be though. Except if the contract also includes the "Winter Bonus"; then it would be pretty clear that the bonus check was not intended as salary when paid.

Thanks - we will be seeing an attorney this week!
JaneMarie