謝謝大家圍觀。大多數的回答是基於common sense 不是從法。bonus 不是自動消失的。有法例可循。首先公司不能隨便規定 必須“in good faith”公司可能會輸的
A recent Illinois case addresses the use of language by employers to avoid payment of compensation. In McClerly v. Wells Fargo, the Illinois Appellate Court considered a case where an employee sued to collect an earned bonus he expected to receive after his job was eliminated. Wells Fargo moved to dismiss on the basis that it had full discretion to deny a bonus to an employee under the applicable handbook. The court found that full discretion does not really mean what it says. 。。。The court went on to explain that: “An employer that exercised its contractual discretion in a manner inconsistent with the reasonable expectations of the parties to deprive an employee of reasonably anticipated benefits may have acted in bad faith.”
This is an important ruling in wage disputes for unpaid bonuses where an employer had broad discretion in determining the award.
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