Does my previous employer have to pay my bonus out?

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Does my previous employer have to pay my bonus out?

My previous employer paid out incentive bonuses every 3 months. At the end of October they would’ve paid out our bonus for July, August, and September. I resigned at the beginning of October, are they still required to payout that money to me?

Asked on October 12, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF you had a written employment or bonus agreement which guaranteed you that bonus, they would have to comply with it and pay you; if they did not, you could sue them for "breach of contract" for the money (including in small claims court, to minimize costs).
Without a written agreement guarantying the bonus to you in this situation, it was discretionary for them to pay (bonuses are always discretionary in the absence of a contract) and they could legally choose to not pay you.


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