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Employer not paying my bonus New Jersey

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  • Employer not paying my bonus New Jersey

    Hi I need some advice. I worked for a company that runs on a July to July basis. When you work a full year you receive a bonus depending on your performance throughout that year. I was forced to resign this past August due to a new policy. Before I left, the company lawyer asked me if my employer owed me any wages in which I responded was my bonus check for July. I would later come back late September after the company asked if I could do some consulting work for them. As long as I was there I asked about my bonus check. My employer said since I'm not an employee of theirs anymore he doesn't have to give me a bonus check. I argued that they owed me my bonus check in July and I worked a full year in which he finally responded, "It doesn't matter. I don't have to give you a check." Yesterday the company finally gave out the bonus checks (even keeping me out of the presentation to avoid confrontation) to the employees that worked there from July '05 to July '06 and employees found it unfair that they refuse to give me a bonus check that I deserved. The employees even told me that when they presented the checks the employer stated that the bonuses are given out to employees who work a full July - July year. For the third straight year they delayed the bonuses and it's not my fault that I am not receiving my bonus because they didn't give them out in a timely fashion. I worked a full year, I didn't get my bonus, do I have a case? I plan on hiring a lawyer. I would appreciate some advice. Thank you.

  • #2
    It depends on the terms of the bonus agreement.
    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.

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    • #3
      It was a verbal contract. The employer told us in a group meeting with all employees that we would receive a bonus if we work a full year, July-July depending on your performance. The bonuses were already calculated out after July 1st and the company was due to give me around $600, but they delayed it for the 3rd year in a row holding our checks which is why I told the company lawyer that they still owed me a check when I resigned. I worked from July to July, the employees who I've worked with got their bonuses. Why should the employer have the right to take back my bonus that I rightfully earned?

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      • #4
        Because no law prohibits it?

        You're free to discuss it with a local attorney to see if the "agreement" will stand up.
        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.

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