CanI sue my employer ifI can’t beawarded a free-trip due to a write-up?
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CanI sue my employer ifI can’t beawarded a free-trip due to a write-up?
I love my job, and last year we had yearly award, the winner gets a trip. At the beginning of the year I got into trouble and got a write-up. Now they are trying to say that because of the write-up I can’t win the trip. However on the “guidelines” of the yearly award there is nothing said about write ups. Besides, it happened this year not last. Can I sue for this?
Asked on February 10, 2011 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is *possible* that you may be able to sue. The chief factor to consider is this: while you say the "guidelines" of the aware do not specifically say that a write-up (whether from the current or a previous year) does not prevent one from winning, do they either--
1) Say that an employee must be in "good standing" or use any language to that effect, that would tend to indicate that an employee with some write up is not eligible; or more likely
2) Is there any discretionary component to the award?
If management has any discretion--that is, if they don't simply have to give the award to the employee who otherwise "won" it, regardless of who that employee is, what else he or she has done, etc.--then they can use that discretion to deny the award to a given employee. Since most bonuses and award programs have some element of managerial discretion, this is likely.
If there is no discretion whatsoever--and also no limitations, caveats, etc.--and there is some document(s) which in essence make the award program a contract between management and employees, then you may be able to sue--though whether suing an employer over a trip is a good idea is another story. (For example: the employer could probably then fire you.)
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