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[quote=Anonymous][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]

This is the part that doesn't make sense: if the law says bonuses are discretionary, and by the discretion of the firm, they put in writing that he is due X amount in 2014, why can't that be upheld in a court? [/quote]

If I say I will pay you x for a year's work and on top of that I intend to give you y as a Christmas bonus, without  you doing anything else to earn it, my promise of that extra gift is a discretionary bonus.  These can be close calls and the wording of the letter the OP"s husband received and any writen policy are important to resolving the issue.  The way OP is explaining the letter, what the company is calling a bonus sounds more like deferred compensation that was earned by her husband and that the pay,met is not discretionary.

OP here: thank you for this helpful advice. My other concern is that the firm is asking DH to sign a form saying he won't sue them for any reason, ever. Would you recommend DH sign or not sign that form? Also, what do you think are appropriate terms for a negotiation? Thank you!

But if the company has cash flow problems, you have to keep in mind that you can't get blood from a Stome and negotiating an agreement where they give you some of the money without having to sue for it may be a better option in the long run.

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