Work clawing back a bonus, do I have a chance of getting it back?

S4albarn

Hi guys,

I had a bit of a dispute about repayment of a bonus in work and was hoping for some input on it.

I was paid a loyalty bonus of € 2,000 in work in June. Fast forward to November and I am leaving the company. The week before I leave, my boss comes over saying that HR are talking about clawing back the bonus because of a “if you leave company service within 6 months” clause that was in a document I *supposedly* signed before payment of the bonus. She asked me if I had a copy of it so she “could help me see if there was a way out of having to pay it back” (Yeah right! ). I told her that I would check at home but that I don’t remember signing the form. That was the last I heard from her about it.

I decided to email HR and payroll asking for a copy of the form because I wanted to review the conditions myself and get confirmation whether or not they were going to deduct. They ignored my emails and I thought I was in the clear. Then, at 6pm the evening before pay day (a couple of days before my last day) my department manager called me into his office and told me that they were indeed going to claw the money back the next day, all while playing the don’t shoot the messenger card with a sh1t eating grin on his face.

I told him I was annoyed and he gave the contact details for the HR Business Partner. I emailed her and she sent me an unsigned copy of the declaration in question the next day. I may or may not have signed the original form, but I know with absolute certainty that HR do not have a copy of the document with my signature on it.

It’s not an enormous amount of money but I was annoyed about the way they went about the clawback and that I was given such little notice before they took it. Do you think this case would have any chance of winning at the WRC either on the grounds of unwarranted deduction or unacceptably short notice or am I wasting my time? I have a detailed timeline of all the events, emails and documents in question.

TL;DR
- Paid loyalty bonus of € 2,000 in June
- *Supposedly* signed a waiver at time of payment that I had to repay if I leave the company within 6 months
- I leave after 5 months
- I request information about the deduction and a copy of the declaration (I receive no response)
- I receive 12 hours’ notice before the money is deducted from my final payslip
- I request the signed document again numerous times, only receive an unsigned copy

Thanks a mill!

godtabh

I thought that they had to give you the option of repaying it and werent legally allowed to leave you short?

I wouldn't have authorised the deduction but that ship has sailed............ start here .......... https://www.workplacerelations.ie/en/Referring-a-Dispute/Refer_a_Dispute_Make_a_Complaint/

judeboy101

I'd use the "pics or it didn't happen" defence,OP

godtabh

Augeo wrote: »

I wouldn't have authorised the deduction but that ship has sailed............ start here .......... https://www.workplacerelations.ie/en/Referring-a-Dispute/Refer_a_Dispute_Make_a_Complaint/

doesnt sound like he did but rather they have taken it anyway. This sounds to me like an illegal deduction

S4albarn

I didn't authorise it but there wasn't much I could do 12 hours before getting paid when everyone had gone home. I've looked at WRC, think I will launch a case. The more I think about it, the more angry it's making me.

godtabh

godtabh wrote: »

doesnt sound like he did but rather they have taken it anyway. This sounds to me like an illegal deduction

S4albarn wrote: »

I didn't authorise it but there wasn't much I could do 12 hours before getting paid when everyone had gone home. I've looked at WRC, think I will launch a case. The more I think about it, the more angry it's making me.

What I meant is I would have informed them that they cannot make the deduction, that I was not allowing them to, once they do after that it is illegal most definitely

S4albarn

OK gotcha sorry!

Yeah, well I told my manager that and in my email I said I would be seeking legal advice as I believed it was an illegal deduction but they went ahead anyway.

Thanks for the advice guys, I am putting together my case as we speak.

daheff

sending you an unsigned version of the policy does not indicate you accepted the policy. I'd ask them to furnish you with the signed policy or you will instigate legal action against them.

I'd also request they advise when this was sent to you for signing (i bet they cant).

cruizer101

They sent you an unsigned version, are they having a laugh, I'd be tempted to send them an unsigned document stating that when you leave the company will give you €10,000 as they both hold as much weight.

S4albarn

I know, it seems ridiculous to me as well. I should have done that before I left!

CramCycle

If HR don't have a copy, then you either didn't sign it or they can't prove you did, which in this case is the same thing.

Send an email with a reasonable time frame for them to furnish this letter (I presume they are big enough) 5 working days is more than ample. You might be better sending a letter by registered post to the aforementioned HR business partner. If you get no response, go to a solicitor and get his fees out of it as well. Do not get angry or become uncivil. Nice calm, friendly language. Pity to end an employment that obviously went on for awhile on such a down note.

amtc

If you want a good employment solicitor pm me. Got me and a few friends resolution.