performance based discretionary bonus

[Ann Liu]

What is the name of your state (only U.S. law)? New Jersey

my company pay performance based discretionary bonus. my performance rate was 3 out of 5 in 2009 which like most of coworkers, met the expectation. my performance rate was 6 out of 9 above average. I got 0 bonus both year. all other co-worker had same performance rate had bonus. can I sue the company ?What is the name of your state (only U.S. law)?

 

[cbg]

And how do you know what everyone else's performance rating was or whether or not they got the bonus?

 

[You Are Guilty]

Discretionary

dis·cre·tion·ary
Pronounced:
/dɪˈskrɛʃəˌneri, Brit dɪˈskrɛʃənri

Function:
adjective

Meaning:
1 : available to be used when and how you decide ▪ She has enough discretionary income [income that is left after paying for things that are essential, such as food and housing] to pay for a nice vacation each year.
2 : done or used when necessary ▪ the governor's discretionary power

 

[swalsh411]

Sure you can sue but you won't win.

 

[eerelations]

As someone else has pointed out, the word "discretionary" in this scenario means that they will pay it to some people who perform well, but not to all people who perform well.

 

[Ann Liu]

I know people had same performance rate had bonus. because they told me. only people had 2 out of 5 in 2009 and 3 out of 5 in 2010 don't have the bonus.

 

[cbg]

And of COURSE EVERYONE told you the truth. NO ONE EVER tries to make themselves look better by faking what their rating might have been.

The fact remains that without a valid and supportable reason to believe that you were singled out to not receive the bonus in whole or in part because of a reason that is protected by law, you have no basis to sue the company for not giving you a bonus that is discretionary in the first place.

 

[Ann Liu]

the reason I didn't get bonus was I have communication deficiency. I can get job down well which I don't have communication problem. I can read and I can write. only sometime I had typo in the email.

 

[cbg]

That's a valid and legal reason to withhold the bonus.

 

[Ann Liu]

I have typo. get job done. can I sue my manager for bias ?

 

[Antigone*]

I have typo. get job done. can I sue my manager for bias ?

No NO NOOOOOO NOOOOOOOOOOOOOOO.

Did you get my drift?

 

[cbg]

No. You cannot sue your employer for bias. Typos in your communications is a valid and legal reason to deny you the bonus. I do not know how to make it any more clear than that.

 

[Antigone*]

I do not know how to make it any more clear than that.

I tried

 

[eerelations]

the reason I didn't get bonus was I have communication deficiency. I can get job down well which I don't have communication problem. I can read and I can write. only sometime I had typo in the email.

You may be able to write, but you sure can't read!