For some years, employment law in Connecticut has seemed to make a clear distinction between bonus plans that are discretionary, and plans that guaranteed payment of a bonus if specified performance criteria were met. In a pair of decisions interpreting Connecticut’s wage payment statutes (Connecticut General Statutes sec. 31-68 and 31-72), the Supreme Court of Connecticut held that bonuses are not wages if payment is within the discretion of the employer, including being dependent on factors other than the employee’s performance (such as the employer’s overall profitability). The cases are Weems v. Citigroup, Inc., 289 Conn. 769 (2008) and Ziotas v. Reardon Law Firm, P.C., 296 Conn. 579 (2010).

Connecticut law has long allowed an employee to sue his employer in a civil action to collect unpaid wages, Conn. Gen. Stat. 31-68 and 31-72. In addition to the collection of the amount of unpaid wages, these statutes also provided for “double damages,” that is, twice the amount of wages owed.