Boss found out I'm leaving before I gave notice and before bonus hit

[Anonymous]

Anonymous wrote:OP here. Yes this is a law firm so the bonus is very significant.

Boss says bonus will be paid but he's in an awkward position. If my current firm wasn't going to pay the bonus I was thinking of discussing the issue with my recruiter. I'm unhappy with my new employer but what can I do. I think it was likely someone in HR who contacted my boss and who was probably less sensitive to the bonus issue.

If it is paid, no harm done to you. I can't imagine it really created that awkward a position for your boss or that he expended that much capital to try to help you.

If you are going in-house the firm has an interest in you leaving happy. And there is probably some ambiguity as to whether the bonus was earned and owed that the firm wants to avoid. (It sounds like you will still be employed on the bonus day, often a trigger. Maybe you aren't "in good standing" because of the notice, but that would be ambiguous unless the bonus policy specifically excluded employed people who had already given notice, which isn't likely.)

[Anonymous]

Happened to me (not law firm though). My bonus was cut by 2/3. I was completely disappointed in my boss's callous decision and told her so. The bonus was for excellent work already done and for making money for the company. Her decision to slash it showed a lot about her character.

[Anonymous]

Do you know the reason why the new employer contacted the old one? I would contact them to let them know they are probably costing you your bonus, and in the future, as a matter of discretion, not to call previous employers EXCEPT with the new hire's express agreement.

[Anonymous]

Anonymous wrote:
Do you know the reason why the new employer contacted the old one? I would contact them to let them know they are probably costing you your bonus, and in the future, as a matter of discretion, not to call previous employers EXCEPT with the new hire's express agreement.

Yes, that will make him a loved employee.

I also think I disagree about telling the new company about the bonus. Does it make you seem sneaky, possibly, that you were trying to keep something hidden? I don't know, maybe not.

[Anonymous]

Anonymous wrote:

Anonymous wrote:
Do you know the reason why the new employer contacted the old one? I would contact them to let them know they are probably costing you your bonus, and in the future, as a matter of discretion, not to call previous employers EXCEPT with the new hire's express agreement.

Yes, that will make him a loved employee.

I also think I disagree about telling the new company about the bonus. Does it make you seem sneaky, possibly, that you were trying to keep something hidden? I don't know, maybe not.

What would be sneaky about sticking around for a bonus? Most law firms pay bonuses between late December and late February.

[Anonymous]

That's completely inappropriate and unprofessional on the part of your new employer. I would be concerned about that. And FWIW, when I gave notice at my firm, my boss asked why I hadn't waited until bonuses were paid a month or so later (the answer is that my new job wouldn't let me push back my start date that far). Most Biglaw firms don't take it personally and assume there will be a number of people giving notice after bonuses are paid - that is obviously the most logical time to quit.

[Anonymous]

Anonymous wrote:That's completely inappropriate and unprofessional on the part of your new employer. I would be concerned about that. And FWIW, when I gave notice at my firm, my boss asked why I hadn't waited until bonuses were paid a month or so later (the answer is that my new job wouldn't let me push back my start date that far). Most Biglaw firms don't take it personally and assume there will be a number of people giving notice after bonuses are paid - that is obviously the most logical time to quit.

+1. It is completely expected (and needed for the firm) that a decent # of people will give notice not long after bonuses hit.

[Anonymous]

Anonymous wrote:Did you actually tell the new firm not to contact them? If so, maybe you can get the new firm to somehow make it up to you.

I also don't see how a bonus earned for work already completed could be rescinded. If it's a substantial mount, and you don't receive it, I might at least send a legal letter about withholding pay.

My bonus was temporarily withheld one year while I was out on maternity leave. It was paid out when I returned, but I understand it wouldn’t have been had I not. Company required employees to be “actively employed” on the day of payment in order to be eligible to receive it. I checked with a lawyer friend who said it was legal as long as this policy was in writing (which it was).

[Anonymous]

had a similar instance.

usually performance bonus' were paid to the branch staff in mid-late march after the year end numbers were tallied

I was scheduled to start work for a new company April 10th

bonus checks for OUR branch office were delayed until april 15.

guess who did not get the bonus check. as a result of the "must be currently employed" wording in contract. FWIW every other branch in our region got bonus checks prior to april...

I was super pissed. I specifically delayed my start at the new job as a result of the bonus, I worked right up until the last day. trained my replacement, I did not burn any bridges when I left.

I later found out that the checks for our branch had been distributed to the office, but the branch manager sat on them until I left. I spoke with a lawyer, but he didn't think I'd have any case based on the employment contract i signed.

fast forward three years the called me out of the blue and wanted me to come back. I said Id think about it. A few dayslater I called and laid out my demands, including a signing bonus exactly for what they held back when I left.

They seemed confused at the strange number (25,632.45, yes i still remember it 14 years later) I explained that it was the year end bonus the branch manager X withheld from me when I left 3 years ago...

they never called back

[Anonymous]

Anonymous wrote:had a similar instance.

usually performance bonus' were paid to the branch staff in mid-late march after the year end numbers were tallied

I was scheduled to start work for a new company April 10th

bonus checks for OUR branch office were delayed until april 15.

guess who did not get the bonus check. as a result of the "must be currently employed" wording in contract. FWIW every other branch in our region got bonus checks prior to april...

I was super pissed. I specifically delayed my start at the new job as a result of the bonus, I worked right up until the last day. trained my replacement, I did not burn any bridges when I left.

I later found out that the checks for our branch had been distributed to the office, but the branch manager sat on them until I left. I spoke with a lawyer, but he didn't think I'd have any case based on the employment contract i signed.

fast forward three years the called me out of the blue and wanted me to come back. I said Id think about it. A few dayslater I called and laid out my demands, including a signing bonus exactly for what they held back when I left.

They seemed confused at the strange number (25,632.45, yes i still remember it 14 years later) I explained that it was the year end bonus the branch manager X withheld from me when I left 3 years ago...

they never called back

Fool me once, shame on you. Fool me twice, shame on me. You dodged a bullet. They would have screwed you again.

[Anonymous]

depending on your jurisdiction, and the criteria for the bonus, the bonus might actually be a "wage" that is owed to you by law.

however, it might not be.

all depends on the facts (and where you are).

[Anonymous]

Lear your lesson, never give out references until you want the references called.

[Anonymous]

Anonymous wrote:Lear your lesson, never give out references until you want the references called.

Do you read? He/She said that the new company contacted the old company without her consent. It wasn't a reference issue.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Did you actually tell the new firm not to contact them? If so, maybe you can get the new firm to somehow make it up to you.

I also don't see how a bonus earned for work already completed could be rescinded. If it's a substantial mount, and you don't receive it, I might at least send a legal letter about withholding pay.

My bonus was temporarily withheld one year while I was out on maternity leave. It was paid out when I returned, but I understand it wouldn’t have been had I not. Company required employees to be “actively employed” on the day of payment in order to be eligible to receive it. I checked with a lawyer friend who said it was legal as long as this policy was in writing (which it was).

He's going to be actively employed. He's leaving after it hits, but now his current employer knows it. I guess they could fire him ...

[Anonymous]

Anonymous wrote:

Anonymous wrote:Lear your lesson, never give out references until you want the references called.

Do you read? He/She said that the new company contacted the old company without her consent. It wasn't a reference issue.

How would they know she worked there? She gave them the info.