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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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My employer had a posting for referral bonuses. If an employee

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My employer had a posting for referral bonuses. If an employee refers a person and they are hired and pass their 90 probation period, the employee who referred them would be given a $200 bonus. The employee passed his 90 days more than 2 months ago and I have not been paid yet. I have attempted multiple times through my HR person and the Regional HR person and everybody seems to be ignoring me hoping I give up and go away. When I was hired we had to sign mandatory arbitration agreements. Can I still take my company to small claims court with this agreement? If I can, can I sue for filing cost and punitive damages?
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.


I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.


Do you have a copy of the posting that states this? Can you send it to me or quote me the language from it?

Hello Kevin,

Unfortunately, the arbitration clause would apply to this situation, and you cannot file a small claims case against your employer (or it would be dismissed if you do file a case).

In order to be enforceable, you also need more than a promise by your employer. You would need it to be contractual in order to sue for breach of contract due to their failure to honor their contractual obligation to you.

Finally, this is not the type of case where punitive damages can be claimed. That is for situations involving personal injury, negligence, etc., it is not available in breach of contract cases.


I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

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Thanks and best of luck!
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