What can I do if my boss said in writing that I would receive a bonus for all my hard work over the summer but I’m still waiting for it?

Asked on September 20, 2015 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, she can legally not give it to you unless 1 you had a written agreement BEFORE you did the "hard work" which stated that if you did certain things or hit certain targets, you would receive a bonus and 2 you did those things or hit those targets. In that case, it would have been a contract and, since you would have honored your obligations, the employer would have to honor hers. However, if after the fact--after you had already done the work--your boss said you would get a bonus, that is not a contract for it to be a contract, there must still be something for you to do contracts must be about contemporaneous or future performance if the only performance has aready been done or is in the past, it is not the "consideration" for a contract. Rather, if you had already done the work, then your boss's writing was a just a "gratuitous," or free, promise, and the law does not enforce gratuitous promises.


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