My employer offered me a job which I accepted.
My job offer was for $140,000.00 annualized base salary.
In consideration for leaving my last place of employment and joining the company I was also given two Signing Bonuses.
The 1st Sign-on bonus was in the amount of $30,000.00 and was due within 30 days of my date of hire. I received this bonus.
The 2nd Sign-on bonus is in the amount of $30,000.00 and is stated due at my one year anniversary. Again - this is a Sign-on bonus given to leave my last job and initially join the company.
As a result of debated performance of my role the company has ended my employment.
The company is refusing to pay me severance which I think I am owed. I expressed that I would forgo asking for severance as long as I was paid my sign-on bonus. They replied that it is not due for 3 months and therefore do not have to pay me as I will not be employed.
Again my argument is that it is a Sign-on bonus and nothing after joining the company matters. It is not a retention bonus and the terms do not say that I will forego it if I a terminated.
In fact the Addendum states that I will not be required to reimburse the company for any portion of my Signing Bonus if my employment is involuntarily terminated by the company for any reason other than for Cause, or if my employment is terminated as a result or your death, or disability.
Do I have a case?
Answered on: 9/23/13, 12:13 pm by Adam Kielich
Based on your description, the second signing bonus could be interpreted as requiring you to have a one year anniversary as a condition preceding payment. No one year anniversary, no second signing bonus. Without seeing the actual language of the documents governing your employment it's impossible to say how meritorious your claim on that second bonus is. Seems like for $30,000 it would be worth paying for legal counsel to render an effective opinion.
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