Year End Bonus Entitlement (Post Termination) - Ohio
My question involves labor and employment law for the state of: Ohio
I have been terminated by my employer this year (alleged reason: performance). Severance agreement from the employer says that short term incentives are not included within the agreement (so the Company does not want to pay me my year end bonus for 2019), yet presents an Exhibit which says that the company policy requires that any employee needs to be employed by the company on the day of the bonus payment to be entitled for the bonus. For any given year, typical year end bonus payments happen in March of the following year. I'd like to find out how courts would view this case under Ohio/Federal law. Am I entitled to my bonus (as an earned right), or not? Thanking you in advance.
Re: Year End Bonus Entitlement (Post Termination) - Ohio
This is a contract law issue. Unless you had a contract that says otherwise they can pay out bonuses, or not, pretty much however they like.
Re: Year End Bonus Entitlement (Post Termination) - Ohio
If the policy is that you have to be employed on the day of the bonus payment to have an entitlement and you're not employed on that day, it seems pretty obvious how that would turn out. Neither any state nor the federal government has a law that prohibits such a policy.
Re: Year End Bonus Entitlement (Post Termination) - Ohio
I do not have a written employment contract, Ohio is an at will employment state. I received a year end bonus each year that I worked at this Company. Would the courts not view this as a contractual agreement, or see it as earned benefit?
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pg1067
If the policy is that you have to be employed on the day of the bonus payment to have an entitlement and you're not employed on that day, it seems pretty obvious how that would turn out. Neither any state nor the federal government has a law that prohibits such a policy.
I understand the no prohibition of such policy, but my question is more around "earned rights" or "entitlement". Do you have a view on that?
Re: Year End Bonus Entitlement (Post Termination) - Ohio
There is nothing in either Federal or Ohio law under which such a bonus as you describe is a right or an entitlement.
Re: Year End Bonus Entitlement (Post Termination) - Ohio
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ins-vic
I understand the no prohibition of such policy, but my question is more around "earned rights" or "entitlement". Do you have a view on that?
Same as expressed at the other site where you posted about this.