How do I handle *floating* bonus check criteria?

Question

When I accepted my current job it came with a few strings attached:

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Single Web App Project X with deliverables:

• A
• B
• C

And must be completed within three months. If completed, you'll receive a $xx,xxx bonus. (If not, you may no longer be employed here)

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At two weeks in.. My employer learned that I also knew how to make mobile apps. These were added to the scope. I raised a flag saying that this would add time/risk.

At 1 month in.. Creative was having trouble keeping up with my development pace, and other dev was having trouble providing his portion of the solution.

At 2 months... Mobile apps completed and delivered. I have a formal sit-down conversation with my boss to outline that we have already met all of the initial project's criteria; everything remaining would be considered "out of scope"

At 2.5 months... 2-6 weeks of additional dev added for items not part of original scope. I again raise a flag to say that this will likely push us past our deadline.

At 3 months... 95% done with web app project; I receive an e-mail:

We have a few more small tweaks we want done with the mobile apps. I'll send those over. Also, we're going to make the bonus contingent on code complete. I expect that to take another month.

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My Question:

I have communicated risk, more than delivered on the initial criteria, and have been told that I am going above and beyond and doing outstanding work. However, it's impacting me negatively by:

• Delaying my bonus
• Taking away from future work that could be tied to future bonuses

Part of me wants to dig my heels into the ground and halt work until I'm compensated, but that feels a bit childish.

1. What is the best way to effectively communicate my frustration?
2. How can I best position myself to prevent this from happening with future projects/bonuses?

Answer 1

I go hard line when it comes to money, and I don't tolerate any sort of monkey business, I'm only working for money. It hasn't always worked out straight away, but mostly it has. So there is a definite element of risk. On the whole I think it worked out for me in the long run getting out of environments that weren't getting me ahead, although I might have taken a short term loss.

I would put my foot down and want my money now, they can do a bonus for the other work some other time, and I'd make it clear that I'd be out the door if I didn't get it.

At this point you do have a fair bit of leverage, they have deadlines loomimg, you're the man with full grasp of the projects and they'll have a lot of trouble filling your shoes in time. Soon you won't have any leverage and still might not get a bonus.

Whether or not I got the bonus at this point, I'd still be job hunting, because once it get's to that point in negotiations you're going to leave one way or another, even if they pay you, it's a stop gap measure until they can get rid of you. And once the boss/employee relationship hits that sort of strain, you'll never be happy there in the long run.

You may burn a bridge, but not a great loss if the bridge is already on fire at the other end.

Answer 2

Part of me wants to dig my heels into the ground and halt work until I'm compensated, but that feels a bit childish.

Nothing childish about that. As far as you know, he promised you this bonus based on the original deliverables. The fact that he changed scope multiple times and is now making your (already earned) bonus contingent on yet more deliverables is sleazy at best (it may be legal though unless you had a contract, IANAL).

The problem here is how you approach this, though, since bringing it up directly may make you lose your bonus completly. I would first wait and see how big these changes are, and then see if you can comfortably do them in the remaining time.

You can confront your boss about this (and its reasonable to confront people over unfulfilled promises) but realize that doing so could mean you either:

• Upset the relationship with your boss permanently
• You don't get any bonus at all
• You get fired (Extreme, yes, but in an at-will environment, unreasonable people can do that)
• You get noted as "Disloyal" to the company and may be next on the chopping block for layoffs

Now all of this is unfair, but thats unfortunately what can happen given an unreasonable boss.

How can I best position myself to prevent this from happening with future projects/bonuses?

Make sure scope changes are thoroughly discussed and make sure to insist that the bonus still be tied to the original scope when informed of them.

Answer 3

When the bonus is of a similar magnitude to your salary, the company has effectively made you a contractor. You should start to treat them like a client who wants extra work done for free.

You should start by appealing to their integrity and desire to be seen as honest (and without a lawyer and a contract, that's about all you can do). Show that you've fulfilled your side of the agreement and ask for written agreement that you will be paid within 90 days, or whatever the companies standard terms are.

Now they want another month of work, but at a lower overall rate. That's not how it should work. They should offer another bonus for it, and this time get the contract written down and signed! If they don't like that (and a client-contractor relationship is a hassle) they can pay you on a time-and-materials basis (i.e. raise your basic pay by 1/3rd of the bonus)

At this point you're not threatening or "holding them to ransom", just negotiating a new contract after the previous one has finished.

For the rest of us, where the bonus is small and allocation arbitrary, just ignore it, or work out how many extra hours the last bonus paid for.

Answer 4

Your agreement, though oral, is legally enforceable. If the money's enough of an amount, you might consider other avenues to get him to keep his word. This doesn't sound like a guy to keep working for over the long-term anyhow, but only you know your actual situation. If it were me, and I could walk with three months pay, I'd get an attorney. No use continuing to be lead on with a golden carrot.