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View Full Version : Bonus pay in NJ? New Jersey


lyco
10-29-2007, 10:59 AM
I'm pretty sure in NJ an employer is legally required to pay you your final paycheck no later than the paydate regularly scheduled after your departure, right?

Does anyone know what the law is related to a bonus payout?
My company pays a bonus on a % basis and depending on the results for the year, we can either get 0 to 150% of the $x payout. the results are not determined until the following year. Can I hold employee's checks til the results are determined the next March if they leave mid year?

Thanks in advance for your response.

Pattymd
10-29-2007, 11:38 AM
You are corect on the final paycheck for wages; whenever it normally would have been issued. NJ law does not require it be accelerated.

Many companies require you be employed for the entire bonus period AND that you be employed at the time the bonus is paid. Such criteria would not be illegal in NJ to my knowledge. Legally, I don't see any requirement that you distribute any of the bonus to ex-employees at all, especially since it is discretionary and cannot be determined until a (sometimes, much) later time. Just make sure your bonus plan clearly states all the criteria; if it doesn't now, although it's unlikely your ex-employees could go back and claim a contractual obligation for a portion of the bonus, it's not out of the realm of possibility. Anybody can sue anybody for anything, if they can find a lawyer to do so; doesn't mean they'll prevail.

cyjeff
10-29-2007, 02:26 PM
I will say that most companies I have worked for demand that I complete the entire year AND are still employed on the bonus release date to collect.

The only time a bonus is prorated is when the employee's start date comes after January 1st of the year in question.

I have left jobs knowing I was leaving money on the table. Sometimes, a better opportunity is worth it.

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