I am leaving my current sales role after 8 months. When I joined they couldn't offer me the salary I required or monthly commission but instead offered me 10% of the company net profit. Wording as follows - 'For the first year the bonus will be 10% of net company profit before tax'. There is no wording mentioning anything about having to work a full year or having to be employed when payment is due in my contract. I don't want to get something Im not entitled to but this was given as part of my salary. The company operates its account April to March so I was expecting a pro-rata payment for January to March and then 5/12th's of it for next year? Am I being unreasonable?
Bonus question after 8 months in the job
Answers
1. Hire or consult with a labor attorney.
2. We (or at least I) can't opine on a single sentence. 'For the first year the bonus will be 10% of net company profit before tax'. The contract has to be considered in it's entirety.
3. "net company profit before tax" is subject to manipulation. The company has the ability to sandbag expenses and have less or $0 profit or loss.
4. Are you entitled to something? IMO (emphasis), YES! No company should expect anything from anyone without renumeration. Even if it is documented by a contract. ENFORCEABILITY is the key.
5. I would also try to research on ONE SIDED CONTRACTS. I tried a cursory search and there were a lot of law firm articles.