If one of the primary incentives for an employee taking a job was a performance based bonus, is there a claim against the employer, if the employer terminates the employee just prior to the bonus kicking in?
In order to properly answer your question I would need more facts. Such as, is/was there a contract between you and the employer (or employee handbook, etc)? Was the work performed by you completed in order to "trigger" the bonus? What were the representations (were they in writing/oral) of the employer before you took the job? (such as adds for the position, etc) With all the facts an attorney should be able to assist you in your question. However, in short, you may have legitmate claims against the employer and could potentially bring a lawsuit againt the employer for wages earned. Once you have this information feel free to call me or one of the several attorneys in my office to discuss your matter in greater detail. You can also visit our website at www.ShinerLawGroup.com
You must see a lawyer who specializes in employment law ASAP but make sure they only handle employee cases, not for the employer. You have potential claims for breach of contract, misrepresentation, unpaid wages under either Florida law, Federal law (FLSA) or a municipal ordinance (Dade County has a wage theft ordinance), overtime wages, promissory estoppel and equitable estoppel. As a strategy, the lawyer may choose to have you apply for unemployment compensation benefits, and if it is contested by the employer, the lawyer can then request subpoenas for your personnel records, payroll records, names of co-workers, and any other information, he also can take sworn statements of co-workers, witnesses or anyone who might be relevant to the bonus issue. The KEY POINT of using the unemployment case is to get the records and get the boss and co-workers to commit themselves on a sworn statement or deposition which the employer does not suspect may be used against them later on in a lawsuit!! Make sure and get a good aggressive lawyer who you feel comfortable with and you may have to pay a retainer to defray costs and to show that you are committed to the case. Clients who can't or won't pay a retainer sometimes aren't committed to the lawsuit, and after the lawyer works hundreds of hours, the client can walk away with no consequences. So, if you are truly motivated and committed, prove it by offering a retainer once you find the right person.
Sincerely,
Robert Shapiro
As an at-will employee, you can quit at any time for any reason, you can be fired for any reason, a rotten reason, or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.
You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"
http://www.attorneyqna.com/legal-guides/ugc/workplace-discrimination-a-basis-for-wrongful-termination-claims
If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.
You might find my Legal Guide helpful "How to Choose a Lawyer for you.”
http://www.attorneyqna.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you
You might find my Legal Guide helpful "What Do I Tell My Lawyer"?
http://www.attorneyqna.com/legal-guides/ugc/what-do-i-tell-my-lawyer
No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
God bless. Best of luck to you.
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