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The Global Insight

Can my employer keep my bonus?

Author

John Hall

Updated on March 15, 2026

Generally speaking you have no legal recourse if your employer decides to decrease or take away a discretionary bonus. However, many employers provide formulas for bonuses based on some concrete metrics and they are contractually guaranteed.

What is a stay on bonus?

A stay bonus agreement is a contract between a company and an employee stating that the employee will not leave the company for a specified period of time after a certain triggering event (for example, the sale of the company).

Do I have to pay back my retention bonus?

If you leave or are no longer employed by the company you’re at before the time period is up, the bonus will be prorated, and you’ll be required to pay the remainder back to the company.

Can a company take back a bonus if you quit?

An employer absolutely can ask you to give back your bonus after you have left work.

Do I still get my bonus if I quit?

Some companies require that you be employed at the time bonuses are paid and some pay regardless, so you may not be risking your bonus if you give notice now. If you give notice before bonuses are allocated and your last day is after they are paid, it is highly unlikely that your company will stiff you.

How much is a typical stay bonus?

According to Mercer’s Survey of M&A Retention and Transaction Programs, median stay bonuses paid by U.S. companies range from 25 to 95 percent of base salary depending on the position (see graphic). The way we see this at Exit Strategies is that the stay bonus amount has to be personally meaningful to the key employee.

Who gets a retention bonus?

A retention bonus is a form of financial incentive to keep an employee at a company. They are generally given during stressful times at an organization such as an acquisition or merger. They may also be given when it is indicated that an important employee is considering leaving.

Can a company take back a bonus?

An employer absolutely can ask you to give back your bonus after you have left work. This contract governs bonuses, when you receive them, how much they are and what actions can allow a company to reclaim the bonus. Leaving a company suddenly is a common reason cited in contracts as are various forms of misconduct.

What is clawback salary?

Clawback is a provision under which money that’s already been paid out must be returned to the employer or the firm. This is a special contractual clause, used mostly in financial firms, for money paid for services to be returned under special circumstances or events as stated in the contract.

Can a stay bonus be used as a retention incentive?

Bonuses can also be used to incentivize a key employee to stay with your company for a specified period of time after a sale or merger. How much are we talking about here? Stay bonus amounts are customarily based on the key person’s annual compensation, determined in accordance with the risk and effect of losing them.

When do you need a stay bonus to sell a business?

The second condition reflects the reality of selling a business: the buyer will not go forward if s/he can’t retain most of the key employees, so the stay bonus program needs to support that, not undermine it by giving key employees too much hot money on the day of the close. Investors sometimes bridle when a stay bonus is suggested.

When does a stay bonus come into play?

Stay bonuses come into play when your company is being sold, or going through another sort of major shake-up. In times of rapid change, it can be hard to get people to focus on their jobs, or even just to stay with the organization.

Why do companies give bonuses to their employees?

In order to coordinate the efforts of the different departments, the company encourages the employees by giving them various incentives and bonuses. In the race to get those bonuses, the employees work in team without any rift and the output that one gets is appreciable.