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  1. #1
    Join Date
    Mar 2015
    Posts
    1

    Default Employer Won't Pay Performance Bonus After Resignation

    My question involves employment and labor law for the state of: Kansas

    I recently resigned from an employer that is refusing to pay my performance bonus for work performed from the previous quarter. There is nothing in the employee handbook stating withholding of bonuses for resigning employees, and I can find no written policy anywhere else. The HR department has told me "they are not obligated to pay the bonus since I was not employed on the day of actual payout, and bonuses were discretionary anyway" and she couldn't even provide me with a payout date on my last day of employment. For a little background, I resigned on January 28, giving notice and stating my last day would be February 4. I was walked out on January 28, and was told my benefits and pay were ending as of that day.

    Unknown to the company HR manager (it's a billion dollar company), the handbook states that if an employee resigns and gives notice, the company is obligated to pay the employee to the end of the notice date, regardless if the employer terminates employment of the employee as of that day. When I called them on this "oversight", they agreed and paid me until the 4th. They are, however, refusing to pay me my performance bonus for the reason above. When I dug a little deeper into this with the HR manager, she said last June they sent a memo to management regarding this matter, which reinforced their discretion to not pay bonuses (evidently this was never communicated to lower employees, just management).

    Although I never signed an employee contract (and Kansas being a right-to-work state), I feel they are obligated to pay the bonus. If I would have been employed to the 13th, The bonus would have been paid to me. Any thoughts or is more information needed?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Won't Pay Performance Bonus After Resignation

    It is EXTREMELY common for an employee to have to be actively employed on the day of the payout to be eligible for a bonus. I'm betting you're also not finding anything in the employee handbook that says bonuses will be PAID after resignation, either. Unless you can find something that says it WILL be paid after you're termed, I suspect you're out of luck.

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