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  1. #1
    Join Date
    Sep 2019
    Posts
    3

    Default Lost Bonus

    In my job I get a handsome bonus periodically. Few months ago my Supervisor filled an incorrect performance rating that he corrected as soon I demonstrated to him it was his mistake. While he recognized
    that to be mistake, he said I forget the bonus as that money is now gone. Few days back I learnt that my job is now eliminated and I have to file unemployment. I requested him that at least he should give me the bonus that I had earned earlier, but he now says that he only changed my performance as courtesy and not necessity and I should be thankful that I can collect unemployment with no opposition from employer.
    I get a feeling this is not fair. It would take me some time to find new job so I dont want to cause a problem with this former employer in my ability to collect unemployment. Is this not violation of compensation law or erisa or something like that?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,628

    Default Re: Lost Bonus

    Quote Quoting melts05
    View Post
    Is this not violation of compensation law or erisa or something like that?
    It is not a violation of ERISA. ERISA regulates employer pension and health plans, not pay issues. Bonuses are pay issues, and federal law only requires that you get paid minimum wage. It does not regulate bonuses. So whether there is any protection for your bonus here depends on the laws of the state in which you worked, and you did not specify what state that was. In most states bonuses are discretionary on the party of the employer, so in most states you'd have no recourse for not getting the bonus. But in at least one state there might be a remedy for you you. So the state and the details of the bonus plan will matter.

  3. #3
    Join Date
    Feb 2008
    Posts
    1,153

    Default Re: Lost Bonus

    where are you located?

    was there a written bonus plan? If so, you can ask for a copy of it. That said, some bonuses are discretionary and others non-discretionary.

    https://hrdailyadvisor.blr.com/2013/...y-and-bonuses/

    I'm not seeing much in your explanation that gives any hope that you are owed this bonus.

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