Salary and Bonus contract dispute

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Latest post Fri, Oct 14 2016 8:50 AM by ca19lawyer2. 4 replies.
  • Thu, Oct 13 2016 4:06 PM

    • calhoun687
      Consumer
    • Not Ranked
    • Joined on Thu, Oct 13 2016
    • TX
    • Posts 1

    Salary and Bonus contract dispute

    in 2008 when i was hired in my compensation contract i signed it said i would get paid 15 % of the net profits off all my projects after over head, this went on for 5 years till little over 3 years ago the owner decided he did not want to pay it anymore, and held out for a hole year then in 2014 decided it was going to be discretionary and we could take it or leave it.

    this Contract is signed when i was hired did not have a expiration dated nor did it say it could be mended or modified at any time

    i decided to leave emplyment their after missing out on over 600K  in Bonus and the owner has steadly lowering my bonus the last 3 years by 20K each year  when i made them 1M more each year

     

    is this legal ?

     

    they did similiar to the field empoyees upwards of 250, they were hired on and the company promoted during the hiring process the foremans would be paid $ 5.00 for every hour they saved on each of their jobs, like my bonus the owner decded he was not going to pay it anymore even though they have been paying for upwards of 8 years and justed decided he wanted all the money for himself, it was not like the conmpany was struggling as matter of fact the owner was preaching record profits while taking bonuses away from employees

     

    can they do this even with a contract ?

     

     

  • Fri, Oct 14 2016 5:33 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,419

    Re: Salary and Bonus contract dispute

    For the sums involved you need a real pro on TX employment law to comment on your specific "contract ." 

     

    As a rusty layman I see multiple possibilities : 

    1.  Under old common law view, a fancy employment contract wo a time frame was little more than an at will situation ...either side could change it .   

    2. But it remained valid until changed / ended 

    3. IF management put in new terms going forward ..and you accepted pay or work you might be deemed to accepted the new terms .



  • Fri, Oct 14 2016 7:39 AM In reply to

    Re: Salary and Bonus contract dispute

    I didn't know the answer to your question but when I searched online (I was curious), this was one of the first hits.  That lawyer's answer makes sense to me.

    You could try getting a consultation from an employment lawyer in your state, but I'm guessing if you sued you would win only if this employer failed to notify you in writing before implementing each change, and the statute of limitations on filing your lawsuit hasn't expired.  I suspect that even if both conditions are true, you would only win what you missed out on while unaware of the changes (i.e. the profit-share from work you did before it became clear your employer was no longer following the contract terms), but I'm no lawyer and I don't actually know that to be a fact.

  • Fri, Oct 14 2016 8:10 AM In reply to

    Re: Salary and Bonus contract dispute

    Here's a link to the Texas statute covering statutes of limitations (time limits) on filing a civil lawsuit, just FYI.  I skimmed through it and I think general breach of contract must fall in the catchall 4-year category described in Sec. 16.051.

  • Fri, Oct 14 2016 8:50 AM In reply to

    Re: Salary and Bonus contract dispute

    In any future posts, please make an effort to use something that resembles proper grammar, capitalization, and punctuation.  Your post is extremely hard to read and understand because you didn't do that.

     

    calhoun687:
    this Contract is signed when i was hired did not have a expiration dated nor did it say it could be mended or modified at any time

    Since there's no such thing as a permanent employment contract, this doesn't tell us the whole story.  For the time being, I'll assume the contract was terminable at will.

     

    calhoun687:

    i decided to leave emplyment their after missing out on over 600K  in Bonus and the owner has steadly lowering my bonus the last 3 years by 20K each year  when i made them 1M more each year

     

    is this legal ?

    Is it legal for you to quit your job?  Of course it is.  Did you really not know that?

     

    calhoun687:
    can they do this even with a contract ?

    Since we have no idea what the contract says, we have no way of answering this.

    I suggest you consult with an employment law attorney.  Since the things you described started happening a "little over 3 years ago," you may have some statute of limitations issues.

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