Does my previous employer have to pay my bonus out?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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.

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