[ossiblue]

Not being in HR, I will defer to mreid.

However, you state that your bonus plan is "not guaranteed and is discretionary but the discretion is based on what the company will pay out and then is applied equally to all employees." I interpret that statement as the bonuses are not tied to performance and the discretion is really the amount of money, if any, the company is willing to pay each quarter. It clearly states the money will be applied to all employees equally so this person should qualify if he was employed at the time.

Now, the above is based on your information in the post. If your understanding of the bonus policy is not the verbatim language of the policy, then talk to your HR manager and get the interpretation.