Employer won't pay bonus, what can I do ?
23 March 2005, 01:02 PM
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Employer won't pay bonus, what can I do ?
I'm hoping someone on here can give me some advice or point me in the right direction.
Here's the story.
December 2003 I started work with a small company. The company wasn't performing to its full potential so in June 2004 it was suggested that a bonus would be paid if my division could meet it's budget.
A letter was sent out to all the management of our division mentioning the poor performance but if we acheived a certain profit we would each recieve a certain bonus. This letter was signed by the director of the division after approval from the FD and CEO. Attached to the back of the letter were three levels of acheivable profit figures, each with a bonus related to them.
The financial year end was December 2004 and the division came in with a profit at the second level. The accounts normally took a month to be finalised but it was said that the bonus would be paid soon.
I left the company at the end of December after giving around 6 weeks notice in November. The divisional director said the bonus would be sent via a cheque once the accounts were finalised.
I paid a couple of visits since I left and the management team were all still waiting for the bonus to be paid but it just seemed like the accounts were running late.
Last week I got a call from an ex workmate. Apparrantly the director of the division (my ex boss) has been fired. All the management team have now recieved their bonus, except for me. It's rumoured that the director of the division tried to get my bonus paid but the FD and CEO said that they will not be paying my bonus as I am no longer an employee and they really don't give a f*ck what I try to do about it.
It's not a great deal of money we're talking about but I'm annoyed at their attitude as I put in a lot of hard work and we seemed to get on quite well.
I'm thinking of writing a polite letter to the FD and CEO to ask whether I will receive my bonus and if not, why not.
Before I send off the letter I just wanted to get some opinion as to whether I'm wasting my time or is there a better way that I could approach this. I've got a feeling that I'm onto a loser as my ex company was famous for non payment of invoices from suppliers no matter how large or small the cost and the FD could quite possibly be the most two faced, unprofessional person of all time.
Sorry for such a long post, hope someone can give me some idea of what I can do or whether I should just leave it.
Thanks.
Here's the story.
December 2003 I started work with a small company. The company wasn't performing to its full potential so in June 2004 it was suggested that a bonus would be paid if my division could meet it's budget.
A letter was sent out to all the management of our division mentioning the poor performance but if we acheived a certain profit we would each recieve a certain bonus. This letter was signed by the director of the division after approval from the FD and CEO. Attached to the back of the letter were three levels of acheivable profit figures, each with a bonus related to them.
The financial year end was December 2004 and the division came in with a profit at the second level. The accounts normally took a month to be finalised but it was said that the bonus would be paid soon.
I left the company at the end of December after giving around 6 weeks notice in November. The divisional director said the bonus would be sent via a cheque once the accounts were finalised.
I paid a couple of visits since I left and the management team were all still waiting for the bonus to be paid but it just seemed like the accounts were running late.
Last week I got a call from an ex workmate. Apparrantly the director of the division (my ex boss) has been fired. All the management team have now recieved their bonus, except for me. It's rumoured that the director of the division tried to get my bonus paid but the FD and CEO said that they will not be paying my bonus as I am no longer an employee and they really don't give a f*ck what I try to do about it.
It's not a great deal of money we're talking about but I'm annoyed at their attitude as I put in a lot of hard work and we seemed to get on quite well.
I'm thinking of writing a polite letter to the FD and CEO to ask whether I will receive my bonus and if not, why not.
Before I send off the letter I just wanted to get some opinion as to whether I'm wasting my time or is there a better way that I could approach this. I've got a feeling that I'm onto a loser as my ex company was famous for non payment of invoices from suppliers no matter how large or small the cost and the FD could quite possibly be the most two faced, unprofessional person of all time.
Sorry for such a long post, hope someone can give me some idea of what I can do or whether I should just leave it.
Thanks.
23 March 2005, 01:07 PM
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Depends on the small print I expect. Worked for a company before that I must be an employee at the time any bonus are paid out. Dunno about the legality of it though.
23 March 2005, 01:07 PM
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Hi mate
Unless you've got something in writing from your previous employer explaining exactly how and when the bonus will be paid (particularly relevant as you're an ex-employee), I don't think you've got a snowball's chance in hell of getting your dosh.
Sorry.
Kav
Unless you've got something in writing from your previous employer explaining exactly how and when the bonus will be paid (particularly relevant as you're an ex-employee), I don't think you've got a snowball's chance in hell of getting your dosh.
Sorry.
Kav
Last edited by Mark Miwurdz; 23 March 2005 at 02:11 PM.
23 March 2005, 01:07 PM
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Think hard and remember any contraventions your ex company might be guilty of with respect to Health and Safety, Employment Laws, Environmental Health, etc. then grass them up for the lot. You won't see your money so you might as well cost them a few quid.
Seriously, good luck but I think you'll be hard pressed to get it out of them without going to court.
Seriously, good luck but I think you'll be hard pressed to get it out of them without going to court.
23 March 2005, 01:49 PM
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If you still have the letter that you should have a good case - Its an additional contract between the employers and yourselves, write a ploite letter then get a solicitor on the case - and charge the fees to the company!
23 March 2005, 02:12 PM
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As said unless you have anything in writing as in a letter or contract very tricky. Forget employment tribunal I won a case the other year where I was owed a few grand, won the case but that still doesnt mean they *have* to pay.
If I was you I would issue a stat demand or winding up petition, you want your money or your gonna close the f**kers down, I go that route everytime, its the most efficient, direct and drastic approach you can take and not as costly as you might think. That said if there is no money in the company you'll get nothing! Forget small claims, CAB all of that will have you swimming thru treacle its all total bollox and a waste of time.
Gary
If I was you I would issue a stat demand or winding up petition, you want your money or your gonna close the f**kers down, I go that route everytime, its the most efficient, direct and drastic approach you can take and not as costly as you might think. That said if there is no money in the company you'll get nothing! Forget small claims, CAB all of that will have you swimming thru treacle its all total bollox and a waste of time.
Gary
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