I worked for a large hotel chain for 7 years. Each year my department would receive a bonus. I walked out of my job last August (2016) and resigned that same day. Two of my co-workers went on medical leave and resigned shortly after I left (both called to quit, neither gave two weeks notice). This month the department bonuses were disturbed and both my co-workers received theirs but I did not receive one. I emailed our Payroll Specialist who told me that bonuses were only issued to employees who were actively employed on 01/01/2017. Neither of my co-workers were employed at that time yet they received their bonuses. I know they received their bonuses because they were the ones who told me they did. Given this information do I have any legal recourse against my former employer because it appears that they are picking and choosing who to give the bonus to and that seems unethical to me. What are my options?
A lot will depend on written policies and procedures of the employer and how they pay out bonuses. If you can show that the employer treated you differently because of your association with a protected class (i.e. age, gender, race, religion, etc.), you may have a discrimination claim, but note that the deadline for filing such claims is 180 days at the Labor Commission and 300 days at the EEOC. If you are making this claim, you will want to file immediately.
This response is intended to provide general legal information and is not intended to be legal advice. Please be aware that laws change frequently and vary from jurisdiction to jurisdiction and may not be updated or jurisdictionally appropriate to any specific factual situation. Posting this response, in no way creates an attorney-client or confidential relationship, nor should any such relationship be implied or implication made that such relationship will be formed between you and the author.
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