Success getting early bonus before leaving for gov't? Forum

[Anonymous User]

Midlevel associate getting ready (in the next 2-4 weeks) to give notice to my firm that I will be leaving to go to the government. I am on good terms with the firm and people in my group. Depending on exact timing, I will be leaving the firm in late August or September. I have received my first COVID bonus, but not my second COVID bonus or, obviously, my year-end bonus.

Has anyone ever had (or heard of others having) success asking for and receiving an early bonus payment (either whole or in part) when transitioning to the gov't? The firm would have no reason to do this except that I am on good terms and would consider coming back after my stint in government. The position I am going to in the gov't is directly applicable to my current (gov't facing) practice.

[12YrsAnAssociate]

I have never once heard of a firm doing this. I always thought the bonus was the carrot firms used to make sure you wouldn't leave early; it would defeat the purpose if they'd just hand it out early if you decided to leave. But I guess good luck.

[polareagle]

This seems like a bad idea that might run afoul of agency ethics regs (or laws). Yes, you've earned this bonus, except by leaving early you probably haven't, so this could be seen as a gift they're giving you because you're going into government. That creates an appearance of impropriety.

You're not proposing doing anything to benefit your law firm as a result of the early bonus, but imagine if they came before you (after all, your new job is directly applicable to your old one) and you were in a position to help them. That'd be an even worse appearance of impropriety (and maybe an appearance of an 18 USC 201(b) violation; the provision applies to people who have "been selected to be a public official," which includes all federal agency employees).

Basically, consult an ethics lawyer before trying this. And if your firm has in-house ethics people, they should 100% say no.

[Anonymous User]

Firm has zero incentive to pay your bonus if they know you’re leaving. It’s great it’s on good terms but it’s a business. I wouldn’t pay it to you if I were in their shoes