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Can my employer withhold my first quarter bonus?

Buffalo, NY |

I have accepted a position with another company and gave notice to my current employer. First quarter incentive compensation will not be paid out until late may or early June. There were several quotas that needed to be reached, I more than surpassed all but one, but was verbally told by my manager and VP of Sales not to worry because they would not withhold my bonus because of that. However, now that I am leaving I'm worried that they will not give me my bonus (it's a large portion of my compensation - low base pay with high bonus) so I will be losing a significant amount of money. Can they legally withhold it, or is there anything I can do to ensure that it's paid out? The company HQ is in AZ but I live and work remotely in NY state. Thank you!

Attorney Answers 2


If the policy is that you must be employed on date bonuses are paid, then you probably will not be able to collect. Also, not meeting all quotas will probably be a problem once you leave.

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I agree with Attorney Forman, this will hinge on the actual policy at the company.

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