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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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i terminated my employment on 7/30/11. my employer refuses

Resolved Question:

i terminated my employment on 7/30/11. my employer refuses to pay my Q2 bonus because I will not be employed when the bonus is to be paid on August 15th. is that legal in California where I work? Employer headquarters are based in TX.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
An employer's promise of a bonus or other benefit after a specified length of employment does not affect the employer's right to fire an at-will employee. But if the employee is discharged without cause, the employee may recover at least a pro-rata share of the promised bonus or benefit. On the other hand, an employee who voluntarily quit before the bonus calculation date is not entitled to a bonus.

See Schachter v. Citigroup, Inc. (2009) 47 Cal.4th 610.

Hope this helps.

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