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Whiting-Turner Contracting Co. v. Fitzpatrick No. 9, September Term, 2001 HEADNOTE: WAGE; WAGE ACT; SALARY; COMPENSATION; BONUS; REMUNERATION; PROMISE IN EXCHANGE FOR WORK PERFORMED; PROMISED FOR SERVICE; TERMINATION OF EMPLOYMENT; STATUTORY CONSTRUCTION A bonus that was recommended and approved for payment, but not delivered to an employee before he voluntarily terminated his employment, did not constitute a wage under Maryland's Wage Payment and Collection Act where the bonus was not part of the compensation package to which the employee agreed at the time of hire but, rather, was gratuitously offered by the employer.

IN THE COURT OF APPEALS OF MARYLAND No. 9 September Term, 2001

The Whiting-Turner Contracting Company

v. Joe Fitzpatrick

Bell, C.J. Eldridge Raker Wilner Cathell Harrell Battaglia JJ.

Opinion by Bell, C.J.

Filed: October 17, 2001

The issue presented by this case is whether a bonus payment that is not a part of the compensation promised and agreed to be paid an employee, but that has been recommended and approved for payment, yet not delivered to the employee before the employee voluntarily

terminated employment, is a wage under the Maryland Wage Payment and Collection Act, Maryland Code (1991,1999 Repl. Vol.)

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Maryland Law