I was hired on Sept 20, 2004 as SVP of Sales & Marketing at a small company, running most of the company's operations. As part of my employment contract I was entitled to a 50% bonus based on performance and mutually agreed upon budget, and a equity participation. Bonus kicks in if results are within 10% bugeted goals. The employment letter was signed and dated by the company. I didnt sign it (job was 80+ hrs /wk so just nvr really got around to it) but started on the job the following monday.

Fast forward to this year... I was asked to leave on Sept 16th, 2005. No specific reasons were given, only that the Board of Directors were not happy with the fiscal results. The results for the current fiscal year was in line with the budget (within 10% of goal) and a 20% growth over Prior year results.

Since my September 05 departure, we have been negotiating the bonus component of my contract. There was some debate over the final approved budget and goals but we came to an agreement on a number for the bonus in November. However, since our last conversation in November, the new CEO has continued to delay further discussions with me to close the loop on the bonus issue.

In addition to the bonus the equity component was also clearly spelled out in the contract and reiterated in an email to me. They are now saying that they will not honor the equity component.

My questions are:

1. Is there a statue of limitation on when I can collect my end bonus?

2. Do I have a case for wrongful termination?

all comments welcome

thanks..

Duplicate post. Answered elsewhere.