If an employer does employees assessments for quality of work but has failed to accurately administer the tests which then negates an employee from receiving bonuses, can the employee sue for negligence?

Get Legal Help Today

 Secured with SHA-256 Encryption

If an employer does employees assessments for quality of work but has failed to accurately administer the tests which then negates an employee from receiving bonuses, can the employee sue for negligence?

My employer does weekly assessments for quality of an utilization of work regarding monthly bonuses. The employee on several occasions has shown their employer that errors were made in the administration of the assessments, yet the employer fails to acknowledge their error and continues to administer the assessments.

Asked on July 10, 2016 under Employment Labor Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Does this action violate the terms of an employment contract or collective bargaining/union agreement? Does the employee's treatment constitute some form of legally actionable discrimination? If not, then the bonus is a discretionary benefit. As such, an employer can either not give it, give it and choose how to set up the mechanism for doing so. The fact is that most employment relationships are "at will", which means that a company can set the terms and conditions of the workplace much as it sees fit. 


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