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The company agreed to pay him a certain amount of money if he referred somebody who stayed for at least 6 months. He referred somebody who stayed for at least 6 months. The company thus owes him the money. His employment status with the company has nothing to do with it, unless that was stated as part of the deal up-front.

I'm pretty sure this would last about five seconds in front of a judge. Produce whatever documentation is available (an e-mail about it should be plenty) showing that they promised the money, and it's done.

It doesn't matter that he forgot to claim it. Unless he let it go for so long that the debt passes the statute of limitations (7 years or so?), it's still owed to him.

This is little different from spitefully withholding an employee's last paycheck, a practice which is wrong and highly illegal.




I wholehearted agree, but..

I'm pretty sure this would last about five seconds in front of a judge

This whole issue would probably cost 50k just to get in front of a judge.


Why? This would work pretty well in small claims, which costs not much at all.


Not sure about his location, but in New York small claims is limited to $5k.


It's stated elsethread that CA is $7,500. So that adds $2,500 to the cost, still well short of the claimed $50,000.


I don't understand.. there are 2 million lawyers in the U.S., so why is it so expensive?

For comparison, Europe in its entirety has less than 600.000 lawyers as of 2007, and while the U.S. no longer has more lawyers than the rest of the world combined, it is pretty close.

Interesting offtopic point: there is one lawyer per inmate in the U.S.


> I'm pretty sure this would last about five seconds in front of a judge.

Would it? I think the judge will see it as 'refer somebody who stays for 6 months and submit a claim to get your bonus'. I doubt any documentation on the bonus would say that you get the money automatically credited - so any T&C on how to claim the bonus would legitimately be considered part of the agreement. Since the employee failed the last part of the condition, the company would win.


He didn't fail it, it was just a bit late.


He left the company - he failed the condition. Once you leave a company, all your contacts are ended.


"Once you leave a company, all your contacts are ended."

Um, no. Assuming you meant "contracts", but in either case, no. That's not how it works.


Nonsense. Lots of contracts can last after you stop being an employee, e.g. Non-compete contracts, non-disclosure agreements etc. If the employee leaves the day before their final salary payment is due, does that mean the company is no longer legally obliged to pay them? No.




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