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Nero0130

Member since: Mar 16th, 2011

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Joystiq1 Comment

Judge: Activision's suit against EA and former IW heads can proceed

Mar 16th 2011 10:54PM (Joystiq)
@copa

Bonus compensation in the games industry is *never* "contractually obligated". It is always discretionary. Meaning that, at any time, the publisher (or individual studio) can decide to not give out bonuses anymore or change the bonus percentages without telling the employees.

That's why you never hear about game developers suing a publisher for "bonus compensation" and winning. Because, legally, they aren't obligated to give them anything. The only time this hasn't been true was with EA Spouse. And that lawsuit wasn't about bonuses, it was about whether or not programmers fell into a particular legal loophole in regards to overtime pay. A loophole that has since been closed and game programmers are back to being screwed out of it again.

All major companies (and most smaller ones) have contracts like this, from the lowest developer all the way up to Studio Heads. West and Zampella are not "contractually obligated" to anything - except probably NOT having meetings with EA executives while still employed by Activision. I find it somewhat ironic that, while West and Zampella *admittedly* violated their contract with Activision, people expect Activision to continue to adhere to a broken contract and the fantastical "contractually obligated" bonus compensation that supposedly comes with it.

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