[arbales]

It actually /is/ a bonus – because you're already employed, and salaried, there's no obligation for your employeer to pay you more for services rendered. I'm no lawyer either, but Google seems to think "Referral Bonus" is a common thing.

[fleitz]

Then they should stop creating an expectation of pay in relation to the referral and make it clear that the company pays these in capricious manner which will depend on how much the CEO likes you that day instead of relating it to the performance of your job.

If the CEO sent an email about new "Capricious and Arbitrary Referral Bonus" then I'd tend to agree with you that the OP should have expected to be treated in a capricious and arbitrary manner in regard to the payment of the bonus.

For example in my options contract with my last employer it stated that the options were part of an employee retention program and should not be construed as remuneration.

After reading those lines I knew the options were a ploy to retain employees and not to actually expect to make a cent from the options. Upon quitting and being offered to buy out my options I said "The options contract states that it's for retention and not remuneration, why would I buy something that you've warranted as worthless?"

It's no different than an employer offering a 'bonus' for hitting a certain date for code. If I quit day after delivery it should make no difference as to whether I'm paid.

[ww520]

Following that logic, a sales guy get paid with the minimum wage should not be paid with his sales commission and bonus for his additional service in getting additional sales.