Skip to main content

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

Posted

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.

Mark as helpful

Posted

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

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

Mark as helpful

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics