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  1. #1
    Join Date
    Apr 2011
    Posts
    5

    Default 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.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,667

    Default 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.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,058

    Default 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.

  4. #4
    Join Date
    Apr 2011
    Posts
    5

    Default 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?

    Quote Quoting pg1067
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    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?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,237

    Default 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.

  6. #6
    Join Date
    Jul 2018
    Posts
    2,058

    Default Re: Year End Bonus Entitlement (Post Termination) - Ohio

    Quote Quoting ins-vic
    View Post
    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.

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