vendredi 26 février 2016

Unemployment Benefits: Employer Ultimatum: 2015 End of Year Bonus, Unemployment, but Not Both

My question involves labor and employment law for the state of: WASHINGTON

Hello!

I worked for a company beginning 10/13/2014 and ending 2/1/2016 when they laid me off. When I was hired, they lowballed me on the wage I was asking for but said that through a combination of raises and 2015 end of year bonus, that they could get my total compensation to the minimum I was expecting. I took the offer.

I worked through 2015, received praises and good reviews, and was expecting the 2015 end of year bonus which I had been promised as compensation. It turns out the company has a habit in previous years of taking many months to pay end of year bonuses. I had some issues with my boss in January 2016 and made a formal complaint to HR. In retaliation, my boss and HR then wrote me up for totally bogus reasons and my boss threatened that he could take my 2015 bonus away. On February 1st, the owner of the company called me into his office, told me he couldn't work things out with my boss, and that he had to let me go.

A few days later I emailed the owner asking the status of my 2015 bonus, and whether or not they would still be paying it to me. It was something I always understood would be part of my base compensation, I did top notch work for them, and I was shocked that my boss had threatened to take it away as retaliation for complaining about him to HR. The owner emailed me back saying that yes, he would still pay me my bonus, and that I would get it by the end of the month.

Today he sent me an email saying that they see I am claiming unemployment, and that they are willing to pay me my 2015 bonus or unemployment, but not both. I've included the exact email here (names removed for privacy):

Quote:

Hi XYZ,

We understand you have claimed unemployment. Not expected. Unemployment claims cost the company money. Willing to give you a bonus, but not both unemployment and bonus. Let me know which you prefer.

-Owner

My question is - is this ultimatum legal? Legal or not, the bonus was for work I did in 2015 and I always understood it to be a guaranteed part of my compensation.... I don't think my bonus and unemployment should have anything to do with each other, and I'm shocked they are still trying to screw me out of the bonus. Is it legal for them to do this? I don't know why the owner says it was not expected that I would claim unemployment while looking for a new job - why wouldn't I? I don't think they have any grounds to dispute the unemployment because the reason they gave me for letting me go was that it "just wasn't the right fit". But now they are refusing to pay me a bonus which was previously promised to me, which I earned through hard work in 2015, unless I give up unemployment?

Is this legal? And even if it is legal, it feels really wrong and down right slimey!

Thank you for taking the time to read my question. Have a great day!!!


Unemployment Benefits: Employer Ultimatum: 2015 End of Year Bonus, Unemployment, but Not Both

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