Bonus owed to me but employer wont pay out because i gave notice

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Bonus owed to me but employer wont pay out because i gave notice

My employer for 8 years promised me a 5k bonus for staying in my position July
2017-Dec 2017. This was confirmed via phone call on 1/3/18 that i would receive
my bonus.

I put in my notice and my employer is not saying i forfeit the bonus because i
will be leaving before they distribute the pay out.

There is nothing is writing from my employer stating this.

Asked on January 10, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is no written employment or bonus agreement guarantying you the bonus, it was a discretionary bonus--i.e. one paid (or not paid) at the free and voluntary choice of the employer. An employer may renege or go back on a promise to pay a discretionary bonus at any time, for any reason--you only get it if the employer chooses to pay it. Therefore, they could refuse to pay it and you would have no recourse.


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