My husband works in that company for 13 years he is a supervisor.he resigned last December 31,2010.he signed the performance evaluation last January 8,2011 and the said bonus was released last feb.15,2011,he was not included on the said bonus because according to company only current employees are entitled to get it.does my husband has the right to ask for it?
my question is regarding performance bonus.is the resigned employee effective December 31,2010 entitled for this?
Answers
The answer to your question depends on how the company's bonus policy is worded. Basically, it depends on what the policy says was needed to "earn" the bonus.
Typically, the company's bonus policy may require that certain conditions be met before employees earn a bonus. (For example, a policy might say that the employee has to be employed on December 31 to get the bonus from the past year, or it may say the employee must be employed on the date that the bonus is distributed.)
If the conditions are not met, the company does not owe the bonus, because employees have not yet earned it. But once all of the conditions are met, the company must pay it.
So, if your husband "earned" the bonus under the terms of the policy, he's legally entitled to it (whether or not he still works there). If the bonus was not "earned" (e.g., some condition was not met for him to be eligible), then he isn't.
For more details, LawRoom members can request Memo 3520 When Commissions & Bonuses Are Earned and Memo 3525 Specific Requirements to Earn Commission or Bonus.
Well it really depends on the his company policy
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Human Capital