Eligibility for a Performance "Bonus"

[JTinNJ]

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

I worked for a company from 4/2007-11/2008. Starting in 1/08, My immediate supervisor told me verbally (as well as the rest of our "team" of 19 people) that built into the company's contract with our client, was a 5% "bonus" for good performance, i.e. exceeding repair times 95% or better. WE were told that if we achieved 95% or better during an entire quarter, we would share in the contractual bonus to the tune of 75% of it, split between the employees who were eligible.

I recieved a bonus for the 1st & 2nd quarters 2008. I left my job in November 2008, but had been a full-time employee for the entire 3rd quarter and I was eligible for the "bonus" based on my performance. (I only make the stink because we are talking about $2500)

A former co-worker let me know that the 3rd quarter "bonus" was paid out last week. I contacted my former supervisor, and he stated the following: "I'm sorry to say, since you were not an active employee when the payment was made, you are not eligible for the payout. Also, the payout is not part of the XYZ company compensation package, simply a good faith payment funded with discretionary dollars."

I have a copy of the contract with our client that spells out the 5% bonus, offcial reports from my superior showing my performance, as well as several e-mails discussing the bonus.

QUESTION:

I am thinking I will file a wage & hour complaint with NJ Dept. of Workforce? IS this a win for me, or can they deny me a performance bonus simply because I quit my job?


thanks

[cbg]

It's going to depend on the exact wording of the agreement, but a requirement that you be an active employee on the day of the payout to receive the bonus is both legal and common in most if not all states.