Do you still have a right to your bonus check if you were fired a week before they were going to be given out, and you had been working there almost 2 years?

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Do you still have a right to your bonus check if you were fired a week before they were going to be given out, and you had been working there almost 2 years?

My friend was fired because after talking to his boss weeks before about his
other job conflicting with his availability, his boss scheduled him hours he told
him he could not work and fired him afterwards because of that.

Asked on December 15, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there was a written bonus agreement, your friend had met all the terms of it to qualify for a bonus, and the agreement did not require him to be employed when the bonus was paid to get it, then he is entitled to it. In this case, he could sue for breach of contract (the bonus agreement is a contract) for his money. (If the amount is less than the limit for small claims court, suing in small claims, as his own attorney or "pro se" is a good option.)
If there was no written agreement, or there was, but it stated he had to be employed to be paid, the employer may legally withhold his bonus.


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