In the case of Airtron, Inc. v. Tobias, 2021-Ohio-2213, the Second District Court of Appeals found that an employee was not entitled to his bonus from the year prior because he left the company before bonuses were paid.
In this case, an employee was found to have violated a non-disclosure, non-competition, and non-solicitation agreement, but argued that they were entitled to a bonus as part of a contractually agreed upon salary.
To the contrary, the employer argued that the bonus was discretionary, and that the employee was not eligible to receive payment after leaving the company. The Court of Appeals agreed.
The Court reasoned that the contracts at issue contained specific language stating the bonus was discretionary and that by leaving the company, employee forfeited any right to payment of the bonus.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.