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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I have an employee who quit on May 30. I paid her the wages

Customer Question

I have an employee who quit on May 30. I paid her the wages owed to her, however, I also have a bonus program for my employees whereas based on the performance of the store, they get a bonus. She is claiming that I owe her that portion of the bonus (which is a quarterly bonus - ending in June). My understanding is that when she walked out and quit without notice that she forfeited any portion of that bonus because it wasn't money owed for work she did but based on the performance of the store as a whole. Do I owe her that money, or was paying her the wages she was owed sufficient.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Did the period for the calculation of the bonus end June 30, or on a different date in June
2. Did she finish her shift on May 30?

Doug
Customer: replied 1 year ago.

The bonus period ended June 30. No she didn't finish here shift on May 30th.

Expert:  LawTalk replied 1 year ago.

Good morning Matthew,

Thank you for the additional information.

Under CA employment laws, a scheduled bonus only vests once the employee has done everything that they need to do in terms of work to qualify for that bonus.

So, had she worked through the last day of June and then quit, even though when the bonuses would be paid she wouldn’t be an employee, she would still be entitled to be paid.

However, leaving with even one day early, before the scheduled end of the bonus period, leaves the employee with absolutely no legal basis to make a claim for the bonus---either in full or prorated.

Your former employer is barking up the wrong tree, and she is not legally entitled to a dime of bonus money from the April-June period.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Attorney
Satisfied Customers: 27888
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Matthew. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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