Friday, March 29, 2013

Claim for non-payment of bonus


If an employer and employee agree upon a bonus to be paid upon certain conditions and the conditions are fulfilled, the bonus is wages under the Nebraska Wage Payment and Collection Act. Knutson v. Snyder Industries, Inc., 231 Neb. 374, 436 N.W.2d 496 (1989).

If the bonus was agreed to ahead of time, then you can make a claim for the bonus under the Nebraska Wage Payment and Collection Act.  Knutson v. Snyder Industries, Inc., 436 N.W.2d 496, 231 Neb. 374 (Neb. 1989)

Neb. Rev. Stat. 48-1231 is part of the Nebraska Wage Payment Act.  It provides that an employee having a claim for wages which are not paid within thirty days of the regular payday designated or agreed upon may institute suit for such unpaid wages in the proper court. If an employee establishes a claim and secures judgment on the claim, such employee shall be entitled to recover (a) the full amount of the judgment and all costs of such suit and (b) if such employee has employed an attorney in the case, an amount for attorney's fees assessed by the court, which fees shall not be less than twenty-five percent of the unpaid wages. If the cause is taken to an appellate court and the plaintiff recovers a judgment, the appellate court shall tax as costs in the action, to be paid to the plaintiff, an additional amount for attorney's fees in such appellate court, which fees shall not be less than twenty-five percent of the unpaid wages. If the employee fails to recover a judgment in excess of the amount that may have been tendered within thirty days of the regular payday by an employer, such employee shall not recover the attorney's fees provided by this section. If the court finds that no reasonable dispute existed as to the fact that wages were owed or as to the amount of such wages, the court may order the employee to pay the employer's attorney's fees and costs of the action as assessed by the court.

Also under the Nebraska Wage Payment Act, an employee can request an itemized statement of wages that should have been paid to them.

If you believe that your Nebraska employer should have paid you a bonus that they previously agreed to pay, you should contact Madathil Law Office for a free consultation.

Madathil Law Office, LLC
Nebraska Employment Attorney

1625 Farnam Street #830
Omaha, NE 68102

angela@madathil-law.com
T: 402.577.0686
F: 402.932.9551

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