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I had given my 2 week notice. I have realized that I am/was due to receive my bonus from last year 2012 in March 30, 2013

New York, NY |

The company i work for says that if I leave I will not be able to collect yearly bonus. They also just gave me a letter now after resigned (that they were due to give me in Dec2012) that's sates my new a bonus target range. I meet all my goals and was 100% so i was on target with bonus. Also, this letter says see additional company clause on website. This site says if your not present your a risk of losing your bonus.. Can the state law trump this? I'm working in the state of NJ ..Also I had to leave due to unethical work place and was being forced out by new boss who decides to change job scope out of the blue and is bias. Would I have any case here?

Attorney Answers 4


Do you have a written employment agreement or compensation plan that explains when a bonus is "earned" If so then you need to have an attorney review the contract or plan.

Ryan Finn * 518.213.0115 * * Referrals are the highest form of compliment

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Based on what you are describing, you may have a potential claim against your employer. Under the circumstances, it is in you best interest to seek a consultation with an employment attorney. This would give you the opportunity to have any employment agreement you might have reviewed, along with being able to fully vet the facts of your work situation. Further, such a consultation would give you a full understanding of what your legal rights are.

Best of luck!

William J. Lasko
Attorney at Law
482 Summer Street, 2nd fl
Stamford, Conn. 06901
203 329-6602

William J. Lasko is an experienced New York, Connecticut and Washington, D. C., licensed attorney who focuses his practice primarily on employment law, personal injury and estate matters. Mr. Lasko, has been in practice for more than 23 years, represents clients throughout New York, Connecticut and Washington, D. C.. More information is available at This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship.

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It does not appear that you are entitled to your bonus. However, depending on the facts, you may have a claim under New Jersey's whistle-blower statute if you complained about the unethical practices or refused to engage in them. You also may have a claim for employment discrimination if the "bias" you mention is due to your race, national origin, gender, religion, disability, age or some other protected characteristic. You should consult with an experienced New Jersey employment attorney as soon as possible to determine your rights.

The information provided above is for general purposes only. It does not constitute legal advice or create an attorney-client relationship. Seek competent legal representation, because the facts of each case are different.

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You may have an NJ whistleblower claim and/or a Title VII claim if you think there was a bias. Please feel free to contact me for a consultation.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. This answer is provided for informational purposes only. This answer does not constitute legal advice and it does not create an attorney/client relationship. More importantly, the information contained in this answer should not be relied on. You should consult an attorney who practices in the relevant area of the relevant jurisdiction.

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