If there are 8 employees that were asked to stay with the company until a given date,

is it legal to give only 7 of the employees a retention bonus. My company is scheduled to close on 4/15 and I was the only employee not offered a retention bonus. In my opinion, I should have received one more than the other employees. Meaning, I am the only one left to do the hands on work that they could not do if I left. The only reason I am aware of the bonuses is because I am required to know of the figures as part of my job. Because the information if confidential, I do not feel like I can say anything. It seems completely unfair and illegal.

1 answer  |  asked Dec 12, 2010 7:52 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, there is generally no legal right to a retention bonus, regardless of whether other employees receive those bonuses. The fact that you are the only employee that isn't receiving one may be unfair, but not necessarily illegal.

However, if all the other employees that perform your job, or a position substantially like your job, are male, and you are female, you may have a discrimination claim. You may also have a claim under the Equal Pay Act, if you are female and men are being paid more for substantially similar work.

Finally, you may have the practical ability to negotiate for the retention bonus. The fact that you are aware of the bonuses does not mean you cannot discuss the fact that you aren't receiving one with the employer; it means that you should not discuss that fact with employees generally or the public.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Dec 13, 2010 07:25 AM [EST]

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