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In Maryland, is payment of 2015 performance bonus (paid in Feb 2016) is employee resigns in January 2016?

Steve Folden's Profile

We are recruiting a VP level candidate who works for a Maryland company. He advises that policy requires him to be active at time of bonus payout (Feb 2016). Maryland DOL states ¶21-1200Wage Payment Law Summaries “Wage” means all compensation that is due to an employee for employment, including bonuses, commissions, fringe benefits, overtime wages, or any other remuneration promised for service (Sec. 3-501, as amended by Ch. 99 (S. 694) and Ch. 100 (H. 214), L. 2010). Does this mean that performance bonus must be paid upon termination?

Answers

EMERSON GALFO
Title: CFO
Company: C-Suite Services
LinkedIn Profile
(CFO, C-Suite Services) |

It is company specific. Some companies require employees to be employed at a certain date to be eligible (in full or in part) for the preceeding year's performance bonuses.

You can also "match" the performance bonus that he will be foregoing if you really need him before that (feb 2016) date.

Steve Folden
Title: svp hr
Company: Woodspring hotels
(svp hr, Woodspring hotels) |

Emerson - Thanks for the comment, Steve

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