My question involves labor and employment law for the state of: Missouri
Okay so I have done some initial research before coming here but would really like some advice.
Situation:
I have another offer on the table and have accepted. I let them know that I need to hold off to put in my notice because of a bonus payout so I planned on putting in my notice tomorrow with my current employer as our bonus payout was supposed to happen today(It was originally scheduled for two weeks ago but pushed back, and now pushed back again). Because of this I am in a pickle.
So now I am on the fence with putting in my resignation. If I do, I am worried they may try to not pay me for my earned Production Bonus(I don't see how this is a discretionary bonus unless the offer letter details below make it fall into one). The amount is $8,750 before taxes and is a substantial part of my income.
Here are the basics:
- Offer Letter states "Your position is eligible for a Quarterly Incentive Comp Plan. This ICP is subject to the rules of the plan as well as management review, and may be amended at any time. All compensation is subject to applicable withholding and is contingent upon your continued employment."
- The bonus is based on a production target. It has a clear calculation that is involved with coming up with the payout amount.
- In the bonus comp plan, the plan states "Bonuses paid out at the end of the subsequent quarter" but this is never the case. I have proof that we always receive payment consistently within 30 days of a quarter ending, for the exception of this quarter.
- I have been paid out this bonus the last 6 quarters in a row, making it a consistent part of my pay. It also accounts for up to 30% of my all-in compensation and was part of the reason I took the job.
- As mentioned, this bonus is ascertainable by applying a formula
- I have IN WRITING that I achieved max bonus of $8,750 for Q4 2015 and SHOULD be getting it on the February 12th pay period.
- This bonus payout has been pushed back a month now. If they paid it out on time, I would have received it.
- I do have a copy of the incentive plan that the calculation is based off. It may have changed but I have not ever received a new version and am unaware of any changes. That being said, the plan does not say "this payout is contingent on you being employed"
So my questions are:
1) Can they not pay me this bonus amount even though I worked the entire quarter that this bonus would be for (Q4 2015)
2) Is "contingent upon your continued employment" in the offer letter through the time the bonus is payed out or through the time that the bonus is calculated, because I worked here the entire quarter and earned the bonus.
3) What would you do? Wait it out 2 more weeks and give no notice? Give notice immediately and hope it gets paid? Try to talk to the new manager and let her know the situation? What are my best avenues?
4) Can they let me go within the next two weeks just to not pay out the bonus in two weeks?

