The Court held that, despite being discretionary, the decision to deny or grant
a bonus upon employment termination should be made in a fair and reasonable manner.
Not exact matches
For example, we will consider paying signing
bonuses to compensate for amounts forfeited by an executive
upon terminating prior
employment, to assist with relocation expenses or to create additional incentive for an executive to join our company in a position where there is high market demand.
However, the remaining executives did not have
employment contracts with WCHCC, and thus, there were no specific criteria or benchmarks established
upon which
bonuses could be based.
The Court emphasized that, despite being discretionary, the decision to deny or grant a
bonus upon termination of
employment should be done in a fair and reasonable manner.
Phil has in - depth knowledge of
employment law statutes as well as the law related to
bonus and stock option plans, non-solicitation and non-competition clauses, executive contracts and the impact on the
employment relationship
upon the sale of a business.
Damages payable
upon termination of
employment may include benefits during the reasonable notice period, including any
bonuses and other incentives that would otherwise have fallen due during that period.
Notably, the plaintiff was not provided with a
bonus or additional compensation or severance payments
upon signing the new
employment agreement.
... the only way to return the employer to its original position was to deprive the employee of his
bonus from the date of the breach onward, on the basis that «had [the employer] been aware that [the employee] was secretly diverting the company's assets and resources from September 3, 2007, [the employer] would most assuredly have terminated [the employee]'s
employment contract as it did immediately
upon discovering [the employee]'s dishonest activities.
When determining as to whether the employee has a right to the
bonus upon termination, the wording of the
bonus policy or
bonus provision in
employment contracts must be analyzed carefully.