What to do if my company gives a year-end profit share check every year but won’t give me mine?

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What to do if my company gives a year-end profit share check every year but won’t give me mine?

Usually the check comes out at the end of this month and is on the last paycheck which this year would be the 28th. My last day is the 22nd and my last paycheck would be the one with the profit sharing check on it on the 28th. My company is now telling me that I will not get this check due to the fact I won’t be employeed on the 28th. Doesn’t seem right to me. I worked all of last year so I feel that I am entitled to that check. Am I right?

Asked on February 20, 2013 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the profit sharing was based upon the profit made by the company for the fiscal year 2012 January through December then yes, I do indeed think that you are entitled to it.  Just because you are not employed when it is disbursed does not mean that you may not be entitled to it.  Is there an agreement?  I would take it to an attorney to review.  Good luck. 


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