If my employer said he was going to give me bonuses but then didn’t pay me, can he be sued?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my employer said he was going to give me bonuses but then didn’t pay me, can he be sued?

I have been getting yearly and quarterly bonuses for 2 years now. I recently bought a home and on my

mortgage my employer included the bonuses that were due to me at that time. Shortly after I decided to part ways with the company. He has yet to pay me and I am curious if there is anything that can be

done?

Asked on November 7, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF you had a written employment or bonus agreement which, by its plain terms, guaranteed you a bonus under these circumstances, you are entitled to the bonus and could sue for "breach of contract" if not paid it. In the lawsuit, you could seek the amount of money the written agreement guaranteed you.
Without a written agreement, however, paying a bonus is purely discretionary on the part of the employer, and regardless of whether you received one in previous years or whether you were promised one (since non-contractual promises are not legally enforceable). Without a contract, your employer could simply decide to not pay you a bonus, and that would be legal.


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