Reply to HELP! Any employment attorneys out there?!

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]The law in Virginia is that discretionary bonuses are money that an employer give to an employee on top of money earned by the employee.

If it is truly a bonus and not deferred compensation, he has no case.  You only are entitle to money earned.   He has a better argument if there is a structure in place that removes the discretion, ie, bill x dollars and earn y bonus.

I have won a number of cases like this for employers.[/quote]

I forgot to add, the two most important issues for you to ask are 1) has his entitlement to the bonus vested (this goes to the earned bs discretionary point) and 2) does the company have a policy that states you have to be employed at the time the bonus is paid for you to have a vested right to the bonus.  Virgina courts have repeatedly upheld clearly written policies that make current employment with the employer a prerequisite to vesting.[/quote]

OP here: to my knowledge the company has no policy in place stating you have to be employed at the time bonus is paid. in his original offer letter years ago it stated that his compensation would be monthly as well as two distributions/bonuses to be paid out twice annually. It was not a situation of, if the firm is doing well you will get a bonus, and if not too bad. DH has something in writing saying his 2014 would be X amount. Part of the reason he is leaving the firm is bc they are constantly having cash flow problems. It was never as simple as waiting until February (for example) to get the bonus before quitting, bc it could be February a year from now. [/quote]

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