Annual Bonus

Discussion in 'Blazers OT Forum' started by bluefrog, Jan 25, 2013.

  1. blazerboy30

    blazerboy30 Well-Known Member

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    If the bonus is a subscription to the Jelly of the Month Club, then there is no reason to cause an issue over it whether he's entitled or not.

    As far as I know, a bonus is a bonus because there is no entitlement to it or guarantee that it will be paid.
     
  2. BlazerCaravan

    BlazerCaravan Hug a Bigot... to Death

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    But oddly, not a Kelvin Cato bobblehead.
     
  3. BLAZINGGIANTS

    BLAZINGGIANTS Well-Known Member

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    Yeah, I really don't think we're talking objects, here. I'm pretty sure the original poster would have clarified. But that's moot.

    And yes, a bonus is a bonus is a bonus. I wasn't talking about guarantees. You're diving into semantics and making this far more complex than it is. Based on the original post and responses, it's safe to say a bonus IS BEING GRANTED. So, we're assuming it's being granted and it's guaranteed to be paid now. We're also assuming it's cash.

    So, that being said..... Yes, if an annual bonus is being paid, it's most likely a performance-based bonus for 2012 performance. If bluefrog is going to be granted a bonus based on 2012 performance, he certainly is entitled to it. If he gives notice before receiving the bonus, it's very likely that the boss will say, "Too bad, so sad, no bonus for you."
     
  4. blazerboy30

    blazerboy30 Well-Known Member

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    What? You're contradicting yourself.

    The bonus is either guaranteed to be paid / granted or it's not. If it's guaranteed, then it doesn't matter when he gives notice and this thread is completely pointless. If it isn't guaranteed, then the size should dictate the level of effort put forth. Considering he made this post, it should be pretty obvious it isn't guaranteed to be paid / granted.

    To say somebody is "entitled" to a non-guaranteed bonus is an oxymoron. What are you even talking about?
     
  5. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Is that your deal?
     
  6. BLAZINGGIANTS

    BLAZINGGIANTS Well-Known Member

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    Go back to Stanford. I hear they have a good edumacational program.

    Where they give you Jelly of the Month as a bonus, Oompa Loompa.
     
    Last edited: Jan 25, 2013
  7. bluefrog

    bluefrog Go Blazers, GO!

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    The bonus is about month's worth of pay. It's performance based so it's a non-guaranteed bonus.

    The new employer is giving me a relocation package but I was unable to negotiate more for the missed bonus or push back the start date.
     
  8. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    If your current employer were to fire you, I bet they wouldn't give you two weeks notice.

    They might sue you if you hide the truth to collect the bonus.

    You might talk to a lawyer and get proper advice.
     
  9. BLAZINGGIANTS

    BLAZINGGIANTS Well-Known Member

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    If its performance-based for performance provided, there's not much they can do. I've seen this type of thing multiple times. Law generally rules in favor of the employee, especially in compensation already earned.
     
  10. MARIS61

    MARIS61 Real American

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    Cash the bonus check, then thank them for it and regretfully give them notice the next day, offering to stay "as long as you can to train your replacement".

    Few employers worth working for would hold it against you for accepting a better opportunity, unless they are already unhappy with you. Most employers would cancel your bonus regardless of how they felt about your past performance.
     
  11. BLAZINGGIANTS

    BLAZINGGIANTS Well-Known Member

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    Exactly. And the bonus is for past performance. So if they're handing it out, you're entitled to it.

    Enjoy it and be wise with your money.
     
  12. donkiez

    donkiez Well-Known Member

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    not sure what industry you work in but in mine if you take a job with a competitor they will pay you your two weeks to not show up. Alternativly you could just get yourself fired after you get your bonus. I agree with everyone that if its based on last year then you earned it.
     
  13. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    http://skloverworkingwisdom.com/blo...uses-are-due-in-one-week-can-i-lose-my-bonus/

    “If I give in my notice of resignation, effective in two weeks, and bonuses are due in one week, can I lose my bonus?”
    Published on March 4th, 2010 by Alan Sklover

    Question: Hi, Alan. I just discovered your blog, wonderful! I have a question that seems very common, but I didn’t quite find an answer for it on your site.

    I have been offered a new job and they want me to start as soon as possible. It would be OK for me to start April 1. However, it’s also “bonus season,” and my present employer pays bonuses on March 30th. I would like to respect the usual two-week notice period. The bonus plan language says “You will not be eligible for bonus if you resign your employment before the payment date.” The way I figure, since technically my resignation is not effective until after the bonuses are paid, I should be safe.

    If I give my present employer two weeks notice on March 16, which means I will still be employed by them on March 30, will my bonus be protected, or jeopardized?

    Name Withheld
    Oakland, California


    Answer: I am very glad you came upon our blog, because otherwise you might not have your bonus.

    For three reasons, I am certain – at least 99.9% certain – that you will LOSE YOUR BONUS if you provide notice of resignation before you receive the bonus amount:

    First, the language of the Bonus Plan is not clear, but I think the more logical reading is this: If you give NOTICE of resignation before payment date, you will lose your bonus. That is, the more common sense reading is SUBMISSION of resignation, not effectiveness of resignation.

    Second, in my many years of advising and representing people on bonus issues, I have many, many times seen people in your exact situation: every single one who took a chance and submitted notice of resignation before the bonus payment, indeed, LOST the bonus payment.

    Third, understand that bonuses are paid to reward past performance, but from the employer’s perspective, they have a more important purpose: to incentivize future efforts. For someone who they know is leaving, that second – and more important – purpose is gone.

    Please, please, please do not give notice of resignation until you have received your bonus. In fact I go further in counseling my own clients: You should not give notice of resignation until (a) the money is in your account, AND (b) you have moved it to a different bank. Why? That is because, if an employer auto-deposits payments into your bank account, that same employer can – and they sometimes do – take it out later. I’ve seen that happen, even six months later. I counsel clients in your situation to leave only $10 or so, to prevent just that.

    As to the “timing” of your transition, I would tell your new employer that you cannot leave your bonus “on the table,” and for this reason you can’t start until the first or second week in April. If your prospective employer really balks at that, you can ask them, “Well, then, would you put into writing that, if I lose out on my bonus, you will pay that amount to me, to ‘make me whole?’” Most employers will just as soon wait the extra week or two.

    Thanks for submitting this question. It is a very, very common dilemma, and a question that I am asked by my clients very often, especially this time of year, that is, “bonus season.”

    I’m glad you like our blog. Consider Subscribing; It’s free. And if this helped you, please tell your friends that our blog may help them. That’s what this blog is all about.

    Best, Al Sklover
     
  14. blazerboy30

    blazerboy30 Well-Known Member

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    Did you read that BLAZINGGIANTS? I accept your apology.
     
  15. blazerboy30

    blazerboy30 Well-Known Member

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    Oh dear you have no idea what you're talking about.

    The entire reason companies setup a bonus structure is so that there is no sense of being "entitled" to or having "earned" the bonus. They can give or take it away at their discretion... that is the point of a bonus program as far as the company is concerned.
     
  16. MickZagger

    MickZagger Well-Known Member

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    Blazerboy getting catty again. Imagine that. Weird.
     
  17. 3RA1N1AC

    3RA1N1AC 00110110 00111001

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    bb, bluefrog has said that it is a slam dunk, they always get bonuses during this time, etc

    it being "guaranteed" or not isnt really the question

    and if they wouldnt bonus you after you give your two weeks bluefrog, then fuck them, collect your bonus, soak up your sick time and make them fire you... and steal a stapler on the way out
     
  18. BLAZINGGIANTS

    BLAZINGGIANTS Well-Known Member

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    Do you know how to read? You certainly know how to type. I didn't say it was guaranteed to him, but it's owed based on his past performance. Did you read DC's post? That's exactly what I said. I accept your apology, Slypokerdog (I figure I'd save the mods some time by editing what I really think of you).

    Careful of your gag reflexes as you pull you foot from deep outta your throat.
     
  19. BLAZINGGIANTS

    BLAZINGGIANTS Well-Known Member

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    As a manager/CFO, I'd love bb as an employee. What manager doesn't want employees that don't have common sense in protecting themselves first over company interests?

    Are you looking for a job, bb?
     
  20. blazerboy30

    blazerboy30 Well-Known Member

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    That IS the point. He already said it isn't guaranteed. If it IS guaranteed, like salary until terminated, then there is no reason for this discussion. If it is guaranteed, then give the 2-week notice and they'll have to pay the bonus regardless.

    The reason this is even a discussion is because bluefrog said it isn't guaranteed. Given that, then they could easily decide not to award it after a notice is given.
     

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