QUESTION

My employer laid me off in September, are they required to include me in the "profit sharing" Christmas bonus this year?

Asked on Nov 18th, 2013 on Business Law - Florida
More details to this question:
Last year we received Christmas bonuses, mine was $800.00, but on the paystub it clearly stated "Profit Sharing." I am trying to determine if, since they laid me off in September after working for them all year, due to profit being down, are they required by law to also pay me some of the "profit sharing" that will be given out to the remaining employees this December?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Any right you had to profit sharing would not be on the basis of law, but on the basis of contract.  Did you have a contract which provided that you would be entitled to profit sharing, or did you just receive it as a form of voluntary bonus?  If it was voluntary, it is up to your employer whether or not to give you a share (unless your employer gives others in your situation profit sharing but doesn't provide it to you because of your race, sex, religion, etc .)  If you did have a contract, what does it say?  Does it say that you have to be an employee to get profit sharing, or does it say that you will get profit sharing pro rata for any part of the year you worked, even if you were not employed by the employer by the end of the year? 
Answered on Nov 19th, 2013 at 4:57 PM

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