4 ms·

I tend to agree with @rb2k. There are payments you are entitled to by law (salary, vacation, personal expense reimbursement) and payments that companies do out

I tend to agree with @rb2k. There are payments you are entitled to by law (salary, vacation, personal expense reimbursement) and payments that companies do out of the goodness of their hearts (annual bonuses, lieu days, extra days off, referral bonuses). Don't quit under bad circumstances and expect to get money you're not by law entitled to. Should have gotten the money first.

ajross 15y ago
That's not how the law works. The company advertised and promised a bonus. The fact that it didn't become a signed contract doesn't make it non-binding. It was payment for a service which was rendered. Obviously, yes: you should get the money before quitting. But Miso doesn't have a leg to stand on here unless they're hoping that pursuing the money isn't worth the poster's time (which might be a good bet, given that he didn't ask for the money originally).
TheCapn 15y ago
You're only hitting half the points here. 1) Yes, a referral bonus is optional 2) It no longer becomes optional once you make the offer to your employees. At this point you have established intent; especially if it is provided in writing. You cannot take it back once the other party involved has upheld their end of the arrangement.
mikeash 15y ago
If you are explicitly promised annual bonuses, lieu days, extra days off, or referral bonuses, and then they decide not to give them to you, then you most definitely are entitled to them. Just about everything in your first category is not an entitlement unless it's explicitly stated up front. If I get no promise of vacation days, then come back and demand them, I have no real standing. I can request them, but I'm not entitled to them. Likewise, everything in your second category is an entitlement if it's stated up front. If they say, "We're giving you a $X bonus this year to anyone who does Y" and then they don't, they are completely in the wrong.
veemjeem 15y ago
It doesn't matter which category the payment falls into. If the amount was specified in an email from a stakeholder, with specific guidelines, it's cash due. When lawyers make a decision, they're not going to decide which bucket this amount is supposed to fall into.

ajross 15y ago

That's not how the law works. The company advertised and promised a bonus. The fact that it didn't become a signed contract doesn't make it non-binding. It was payment for a service which was rendered. Obviously, yes: you should get the money before quitting. But Miso doesn't have a leg to stand on here unless they're hoping that pursuing the money isn't worth the poster's time (which might be a good bet, given that he didn't ask for the money originally).

TheCapn 15y ago

You're only hitting half the points here. 1) Yes, a referral bonus is optional 2) It no longer becomes optional once you make the offer to your employees. At this point you have established intent; especially if it is provided in writing. You cannot take it back once the other party involved has upheld their end of the arrangement.

mikeash 15y ago

If you are explicitly promised annual bonuses, lieu days, extra days off, or referral bonuses, and then they decide not to give them to you, then you most definitely are entitled to them. Just about everything in your first category is not an entitlement unless it's explicitly stated up front. If I get no promise of vacation days, then come back and demand them, I have no real standing. I can request them, but I'm not entitled to them. Likewise, everything in your second category is an entitlement if it's stated up front. If they say, "We're giving you a $X bonus this year to anyone who does Y" and then they don't, they are completely in the wrong.

veemjeem 15y ago

It doesn't matter which category the payment falls into. If the amount was specified in an email from a stakeholder, with specific guidelines, it's cash due. When lawyers make a decision, they're not going to decide which bucket this amount is supposed to fall into.