My question involves labor and employment law for the state of: Texas
I started working with my current employer in November of 2014. The entire time i've been employed with them, I have worked exclusively on one customer's projects. At the conclusion of each project, a bonus is paid by this customer. They send me an email, with my manager copied, that specifies how much the bonus is to be. My manager then invoices them for this amount. When the client pays the invoice, my employer gives me the bonus.
This system means that I will often wait for bonuses, sometimes over 90 days. My employer is also convinced, so I'm told, that they need to break these bonuses up into random amounts so that they appear as discretionary bonuses that won't cause problems if an audit occurs. I've argued that this makes little sense because I know a bonus is to be paid, I have all bonus notices from the client that correlate to invoices, as they have to specify the project name on invoice, as well as the fact that it's a bonus. They only retain discretion in the amount of the bonus, which from what I understand, is not enough by itself to justify the bonus as discretionary. Either way, they have been giving me money - I just don't know which bonuses are paid. I only know how much is outstanding from a total of all bonuses - an amount that currently totals over $12,000.
I currently have two companies that have expressed interest in hiring me. Both are reputable companies, and it would be in my best interest to seriously consider any offer they make. Should I choose to leave my current employer, is there any way I can collect on these bonuses?
Please let me know if anything needs to be clarified further. Over the last couple of years, this situation has become somewhat complicated and I'm trying to keep it as simple as possible, but still explain it sufficiently.
Thank you!
I started working with my current employer in November of 2014. The entire time i've been employed with them, I have worked exclusively on one customer's projects. At the conclusion of each project, a bonus is paid by this customer. They send me an email, with my manager copied, that specifies how much the bonus is to be. My manager then invoices them for this amount. When the client pays the invoice, my employer gives me the bonus.
This system means that I will often wait for bonuses, sometimes over 90 days. My employer is also convinced, so I'm told, that they need to break these bonuses up into random amounts so that they appear as discretionary bonuses that won't cause problems if an audit occurs. I've argued that this makes little sense because I know a bonus is to be paid, I have all bonus notices from the client that correlate to invoices, as they have to specify the project name on invoice, as well as the fact that it's a bonus. They only retain discretion in the amount of the bonus, which from what I understand, is not enough by itself to justify the bonus as discretionary. Either way, they have been giving me money - I just don't know which bonuses are paid. I only know how much is outstanding from a total of all bonuses - an amount that currently totals over $12,000.
I currently have two companies that have expressed interest in hiring me. Both are reputable companies, and it would be in my best interest to seriously consider any offer they make. Should I choose to leave my current employer, is there any way I can collect on these bonuses?
Please let me know if anything needs to be clarified further. Over the last couple of years, this situation has become somewhat complicated and I'm trying to keep it as simple as possible, but still explain it sufficiently.
Thank you!
Compensation and Overtime: When Can You Collect a Bonus when Leaving a Job
Aucun commentaire:
Enregistrer un commentaire