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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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can a privately help not for profit corp. choose to withhold

Resolved Question:

can a privately help not for profit corp. choose to withhold bonuses and raises to only two groups in the system, while continuing to provide bonuses and raises to all others.
two randome middle exec. groups, vp ma and vp nursing were chosen, however, all levels of corp mangement and all ceos, coos, etc. at hospital levels continued to get raises and bonuses.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

Yes, unfortunately, unless the reasons for the employer's decision to withhold bonuses and raises from the two groups are due to discrimination based on a protected characteristic (such as race, gender, national origin, ethnicity, or age) the employer can withhold bonuses and raise from two groups without withholding them from the other groups.

Unfortunately, as at-will employees, an employer isn't obligated to give bonuses and raises to employees, unless they have a contract to do so.

This stems from the employment at-will doctrine, which comes from California Labor Code Section 2922, which states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."
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