Archive for August, 2008

Are "Discretionary" Bonuses Really Discretionary?

Over the past couple of months I have been dealing with a case against a major national bank on behalf of one of its former employees.  The case involves his “discretionary” annual bonus, which most employers would say is just that-discretionary.  However, the term discretionary is misleading because except in some very limited circumstances a party to a contract does not have absolute discretion.

This… Continue reading

Employee Rights and Hourly Fees Do Not Mix

This past Friday I spoke with a potential client who was recently terminated by his employer.  I concluded that he did not have a case worth pursuing and any claims he did have were likely not worth pursuing if it meant giving up the severance his employer had already offered to him.

At the end of the consultation he said he was surprised at my response because he had spoken to… Continue reading

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