Please Help OH lied to about salary?

lynzpower

hello all

*sigh*

Oh went for an interview for a job ( wont say where)

His basic is 13k, and his bonus, his manager told him at interview was said to be "3-4 grand minimum" pa. With this in mind, we did the maths, he quit his temp job and started working here at the start of March.

He knew the bonuses were paid a month in arrears - ie he was told he wouldnt start wokring towards bonus for the first couple of week, then for month 2 ( april)_ he would start earning for the bonuses and they be paid at the end of may.

With the 3-4k in mind we estimated based on the lowest point, 3k, he would be making before tax 250, so that would mean in a ballaprk he would come out with 200 on top of his 13k ( 800pcm) wage. if not slightly more.

Anyway, end of April came around and time for the figures to be totted up. He was told no one is getting the bonus as there was some fluctuation in what one of their suppliers was charging for a certain product. ( personally, I dont think this is fair but anyhow). He asked what it should have been if they had got it, given the targets were met- answer 50 quid each.

Now call me daft, but 50pcm x 12m = 600 pa NOWHERE NEAR the "3-4k" he was promised.

he has no written contract, and the bonus scheme seems not to have been documented anywhere

Can anyone help before I go in there and give it both barrells !

irishjohn

Hi Lynz
That's a bummer - the trouble with interviews is the interviewer will always sell up the job and the interviewee will always sell up themselves - but to indicate such a bonus and then not deliver is not nice at all - My experience of life has shown though that a bonus is just that - not guaranteed and every new job I went to seemed to have a bonus scheme which was OK for a year and then diminished rapidly - my timing was rotten. So my advice - don't go in with guns blazing - let OH calmly tell them how disappointed he is that reality doesn't resemble what he believes he was promised but with nothing in writing he is stuffed. However - it makes it easy for him to let them know he is looking for his next move straight away - unless of course it would jeopardise any probationary period he has agreed with them. Just tighten the belts - give him all the support you can and help him find the next job - he will get it!!

John

Woby_Tide

could the bonus scheme not be loaded so that a percentage is paid monthly then depending on how they perform over the year they get a larger one off payment nearer xmas/year end. Say if you were sellings omething seasonal rather than getting massive bonuses for half the year then nothing in the quiet 6 months they try and spread it out so people can budget but also with a 'yearly' bonus as per standard company schemes?

(even if it's not a aseasonal thing could well be feasible that they want to sort out their figures before deciding final bonus payments so hold a fair bit back?)

CFC

9 times out of 10 bonuses are non contractual and can be changed at any time. Never rely on a bonus and always ask what bonus the top earner got in the previous month, would be the best advice I can offer.

lynzpower

CFC wrote: »

9 times out of 10 bonuses are non contractual and can be changed at any time. Never rely on a bonus and always ask what bonus the top earner got in the previous month, would be the best advice I can offer.

thats eactly what I told him to ask.

the response was that, no one gets personal bonuses, they are team bonuses, the harder people work the more youll get hence the 3-4k discussion.

ckerrd

Whoever was interviewing should have indicated that although bonuses of a certain amount have been paid in the past, there is no way they can be guaranteed.

Can he ask his colleagues about bonuses over the past year or so to get a feel if he has been shafted?

Legally he should have a written contract and he is entitled to ask for it.
If he doesn't get it his employers would be in breach of employemnt regulations.
In the contract there may be mention of a bonus scheme but I am sure it would not be guaranteed.

He should chase up his contract immediately as a starting point.

momisa

the response was that, no one gets personal bonuses, they are team bonuses, the harder people work the more youll get hence the 3-4k discussion.

I'm wondering if the guy who interviewed your OH used word play!! Is it possible that last year the team in total got £3-4k in bonuses? Then obviously depending on how many people are in the team would depend on how the bonus was divided.

Don't misunderstand me - I think you're OH has been had and that's unfortunate and unfair. :mad: I can only suggest that your OH buckles down and does his job whilst looking for another one. I'm not conived your OH's employer look after their staff.

BTW: Did your OH ask what the staff turnover rate was?

lynzpower

everyones been there years momisa- how they live on this sort of salary in central london Ive no idea

800pcm - it barely covers rent bills transport ( and believe me we have drilled down our overheads as much as we can) Leaves OH 40 a week to live on before food is taken out.

He has asked for his contract to be told no one gets them :wall: but has a printed list of "rules" ( ie dont steal the stock, be on time etc)

Elsiesgirl

I may be out of date but I thought a contract doesn't have to be written, but can be verbal, which is a get out for a lot of employers. I'm sorry about what's happened. Momisa is right, just give him your support and help him look for another job.

hex2

Lynz, by law they have to provide written terms and conditions, not a formal written contract as such. A written letter of appointment covering the key areas is enough. Has to be provided within 12 weeks of starting I think.

I think he has been mis sold/lied to at interview, honest opinion is that he should cut his losses and get looking for something else quick. If there is nothing written down about the scheme then you could argue it isn't discretionary, if it has always been paid to everyone then there an argument for custom and practice. I am really not sure what else he can do about it. Learning points for the future, ask more questions and make sure you get everything in writing up front before you start. Has he asked the others what bonus they normally get so he can get a truer picture than his manager has painted? Doesnt need to be specific on amounts, but is what we got this month normal then type conversation. Might help him to make a decision about what he should do.

lynzpower

yes, basically others have siad that they usually get about 50 per month - although they are being sketchy with him (other angle is that they are a bit threatened by him he is thrashing the rest of them hands down on sales, and hes never done sales before etc, they are a bit threatened I think and thats leading to misinfomration and sketchiness from colleagues ) I think he should leave as well, but he really does love the job and hes so good at it, so hes in two minds. Me personally, Id follow the money, he is more, "its important to like what you do" and after a tring of pretty awful temp jobs he is resistant to going back dwn that road