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Employment law and
civil litigation representation in Denver, Colorado

How do bonus structures impact your contract?

On Behalf of | Apr 3, 2025 | Employment Contracts

Bonuses offer motivation, but they include specific terms. When you start a new job or review your current employment agreement, you need to understand how your contract outlines bonuses. These details shape your income and your rights at work.

Different types of bonuses

Employers offer several types of bonuses, including signing bonuses, performance-based bonuses, annual bonuses, and discretionary bonuses. Each type includes different conditions. For example, a signing bonus might require you to stay with the company for a certain time. Performance-based bonuses depend on your ability to meet specific goals. By identifying the type of bonus in your offer, you gain clarity about your role and your potential earnings.

Conditions and clawback clauses

Some contracts contain clawback clauses that let employers take back a bonus under specific conditions. If you resign early or fall short of performance metrics, you may need to return the bonus. Employers may also enforce clawbacks based on the company’s financial health or your adherence to policies. Review these terms closely so you fully understand how they impact your compensation.

Discretionary vs. guaranteed bonuses

Discretionary bonuses give employers full control. They decide when to give them, why to award them, and how much to pay. These bonuses do not guarantee payment. Guaranteed bonuses, on the other hand, appear in your contract and require employers to pay once you meet the agreed conditions. Recognizing the difference lets you set realistic expectations and plan your finances better.

Watch for vague language

Some contracts include phrases like “subject to company performance” or “based on management approval.” These vague terms give employers room to withhold bonuses, even when you perform well. Look for clear language that explains how your employer calculates and pays bonuses. Specific terms help you avoid misunderstandings.

Clear knowledge of bonus structures gives you the power to evaluate job offers and understand your compensation. When you know what your contract says, you can judge whether the terms support your financial goals.