Douglas Lentz on 21 Nov 2003 18:45:03 -0500


[Date Prev] [Date Next] [Thread Prev] [Thread Next] [Date Index] [Thread Index]

Re: [PLUG] Legal Question


Paul wrote:

Is this legally binding? Say I'm an employer and I give an employee a $1000 bonus. Accompanying the bonus is a letter stating that if the employee quits or is terminated within six months the employee will have to repay the $1000. The employee isn't required to sign the letter, but cashing the check is taken as agreement with the terms. Can those terms be legally enforced?


___________________________________________________________________________
Philadelphia Linux Users Group -- http://www.phillylinux.org
Announcements - http://lists.phillylinux.org/mailman/listinfo/plug-announce
General Discussion -- http://lists.phillylinux.org/mailman/listinfo/plug



IANAL, but it seems relevant to me just how the bonus was delivered. The last time I received a bonus it was delivered by regular payroll check, from the regular payroll account, minus the regular payroll deductions (with the exception of the federal government, which withholds at <twice> the normal rate for "supplemental" compensation. In the case above you would certainly snarl up things with Uncle Sam, wouldn't you? On the other hand, if the bonus was not drawn on the payroll account, then this raises some issues about just what really is compensation - consult a real lawyer on this.

___________________________________________________________________________
Philadelphia Linux Users Group         --        http://www.phillylinux.org
Announcements - http://lists.phillylinux.org/mailman/listinfo/plug-announce
General Discussion  --   http://lists.phillylinux.org/mailman/listinfo/plug