Am I entitled to bonus when fired?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I entitled to bonus when fired?

I work in the automotive industry as a salesperson. A bonus was setup for the weekend. Sell a certain new vehicle and get $1000 per unit. I sold 2. Sunday. On Thursday I was fired because the general manager did not like how I obtained those 2 deals. He did not pay my bonus. And stated bonuses are at his discretion. And that this was a autocracy nothing happened unless he says so. Do I have any way of getting my $2000?

Asked on May 5, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A bonus is not discretionary if there was an objective, quantifiable target: i.e. that you would receive a $1,000 bonus each of a certain type of vehicle you sold over a certain weekend. "Discretion" means at free choice: by having defined targets, there is no free choice, however. What you describe appears to have potentially formed an enforceable bonus agreement (whether written or oral/unwritten--most unwritten agreements are legally enforceable, though obviously more difficult to prove than written ones): there would have been a contract or agreement that if you sold certain cars, you'd get certain payments; since you performed your end of the deal (sold the cars), they would be obligated to perform their obligations (pay you). While no case is certain (and never believe any lawyer who less you that a case is guaranteed), what you describe suggests you do have a reasonable case for your bonus: it appears that you could sue the former employer for the money (such as in small claims court, as your own attorney or "pro se") with a reasonable chance for success. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption