SECTION 380:30-1-6. Bonuses

(a)   A provision in a written employment contract or policy manual which requires the employee to be employed at the time the bonus is paid, is valid. Employees terminated, voluntarily or involuntarily, prior to the bonus payment date are not entitled to receive the bonus payment.

(b)   If there is no such provision requiring that the employee be employed at the time the bonus is paid and (i) the employer has declared its intertion to pay a bonus and (ii) the amount of the bonus has been made definite prior to payment, then the employee is entitled to receive the bonus even if involuntarily terminated prior to payment. In such a case, the bonus will be deemed earned and due and will be part of wages due the terminated employee.

[Source: Added at 13 Ok Reg 3413, eff 8-12-96]