What qualifies as
My boss went on vacation for a weekend while I was working. I decided I wanted to quit my job so I WROTE my two weeks notice, put it on her desk along with my things. I only had 2 shifts in the next 2 weeks so I worked them. I collected my last two checks and it did not include a monthly bonus of $100 I was supposed to get for hitting a certain sales goal for the month. After contacting my boss she said she didn't consider my letter my two weeks since i didn't talk to her... and said since I didn't give my two weeks i forfeited any bonuses. is this legal? I never signed anything that said this, and was never told this either.
1 answer | asked Sep 26, 2007 10:48 PM [EST] | applies to Ohio
Answers (1)
The employer's excuse for not paying your bonus is whooey.
If you earned your bonus, your employer must pay it. You earned it by meeting the sales target, giving a two week notice and working your final two weeks. Unless the employer conditioned the bonus on a face to face notice of resignation, he or she cannot impose that condition now.
To collect the bonus, you can file suit in small claims court. Ask for the filing fee to be waived since the amount is so small. Say in your complaint that you gave your two week notice and worked out your shifts. Also state that the employer's failure to pay the wages is a violation of Ohio Revised Code 4113.15. Search for it on this site or Google "ORC 4113.15." As you will see, it requires Ohio employers to pay wages promptly and imposes a penalty if they fail to do so. Also ask that your filing fee, if you have to pay one, be reimbursed by the employer.
Before filing suit, share a copy of 4113.15 with your employer and ask him or her to reconsider. It might work. If not, file your suit. The employer will probably be so embarrassed and ashamed that it will just send you your pay.
Regards,
Neil.
posted by Neil Klingshirn | Sep 27, 2007 08:54 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers
Contact Neil Klingshirn
Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500