Likewise with a "2018 performance bonus". If it's a "2018 performance bonus" you don't get to take it back because he is laid off (or even quits) in 2019.

I'm sure there is legalese behind the bonus that backs up Tesla's interpretation of both. More likely than not they would win in court too. But calling it something it isn't still strikes me as fraud.

I looked up the severance package for my company - amazingly they do pay out the annual bonus, even if you leave mid-year, it's just prorated based on how much you worked that year. However, I think there is some exception if you worked less than a month that year.

Seems pretty fair.

If you're referring to your own companies bonus structure, I would tend to agree.

That would be taking part most/all of his 2019 bonus if you're talking about OP though, not his 2018 one. Presuming at all reasonable (i.e. not deceptive) terminology.