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Commission/Bonus Question Wisconsin

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  • Commission/Bonus Question Wisconsin

    I worked for a large OEM of Construction and AG Equipment in Wisconsin. I decided to leave the position, I was field based in NY and wanted to get back to Wisconsin. I left the position in February 2016. My quarterly Incentive Compensation(Earned Bonus) from the last quarter of 2015 was not paid to me because I was not working for the company at the time of the payment. I left a week prior to the payment date. I was working for the company during the quarter when I earned that bonus. The policy states that the employee must be working for the company at the time of the payment. I have 2 questions. Does this follow Wisconsin law? When I started with the company, these payments were made on the 3rd pay period following the end of the quarter, that seemed to change to the 4th pay period following the end of the quarter without any notice. The policy also states that dates of these payments are paid at the discretion of the company, Do I have legal standing at all?

  • #2
    In most states a requirement that you must be employed with the company at the time of the bonus payout to receive the payout is perfectly legal. I know of nothing in WI law that makes it illegal. You can always ask the WI DOL.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      If you have an actual contract regarding the bonus, read it. Otherwise, contact the state DOL & verify.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        Agreed. Past that, the law tends to be very different for "commission only", "plus commission" and "plus bonus" employees. Which are you?
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)