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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default No Formal Resignation - Being Forced Out To Avoid Bonus

    Hi All:

    New to the forum, but it looks great. Here is my situation:

    I have worked for my current employer for 8+ years, all in excellent standing. I was recently presented with an offer form another (non-competing) firm. Having a good relationship with my boss, I chose to discuss it with him, to try and get a better idea of what my future path would be if I stayed. At my request, he spoke to the CEO, who I also get along with well. As our company is struggling somewhat at the moment, he advised that he could make no promises of future growth.

    After discussing options with my boss, I told him that the offer was good, and that I would give it serious consideration. Although not spoken, I think we both knew that I was leaning towards the new role. That discussion took place this past weekend.

    Today, Tuesday, my boss asked me when I would be formally resigning. I advised that I had not made a final decision, due in part to the fact that our year-end bonus is paid out in mid-April, and I did not want to compromise that. There is no formal company policy on paying previous years' bonus. Informally, their position is that you must still be employed to collect the bonus on the date of payout. I am fully prepared to wait it out, but there are clear signs my company is trying to push me out to avoid bonus payment.

    Since I have not formally tendered my resignation, and do not plan to do so in the immediate future, how should I best prepare if my boss brings a box to my office and tells me to leave? As I said, I am in excellent standing, but am not foolish enough to believe that my company could not "find" a reason to terminate my position if they really wanted to. Any guidance would be greatly appreciated.

    Thanks,
    Jon

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: No Formal Resignation - Being Forced Out To Avoid Bonus

    unless you live in one specific state or you have a contract, they don;t need any reason to send you on your way and can do so at any time.

    Since I have not formally tendered my resignation, and do not plan to do so in the immediate future, how should I best prepare if my boss brings a box to my office and tells me to leave?
    have the car warmed up and ask when they will be issuing your bonus check and should you pick it up or are they going to send it to your house?

    Don;t know if they are required to pay the bonus. Possibility is state specific as well as other info specific but not unusual for a bonus not be required to be paid after termination.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: No Formal Resignation - Being Forced Out To Avoid Bonus

    It is neither uncommon nor illegal for a bonus to be dependent on the employee being employed by the employer on the day the bonus is paid out for the employee to be eligible.

    It depends on the language of the bonus agreement or if none, on co. policy/practice whether it needs to be paid out or not if you are no longer employed there.

  4. #4
    Join Date
    Mar 2008
    Posts
    2

    Default Re: No Formal Resignation - Being Forced Out To Avoid Bonus

    Thanks all. That's kind of what I expected to hear.....

    Jon

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