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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
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I had a bonus that I was owed from my employer 2015

Customer Question

I had a bonus that I was owed from my employer for Q1 2015 ($3,500) which I did not receive. I resigned from my position on May 18 (my last day was May 29) and bonuses still had not been paid out. I was told by our Controller that regardless of whether I was employed with the company when bonuses were paid, I would still receive my check because I was employed for the entirety of Q1.
When I called this week to find out where my bonus was, I was informed that I would not be receiving one for the following reasons...
1. One of the accounts asked for me to be removed as their sales lead. -I was never informed of this and was NOT removed from the account. (Regardless of the request to be removed from the account I still met and strongly SURPASSED my goals/budget for the quarter.)
2. I did not give two weeks notice. -I did give a full two weeks notice but unfortunately had to take some personal days due to a family illness in my last week. Though I told my boss I was available to finish out the week, he told me to take care of my son and to not worry about coming back.
3. I was not employed when the bonuses were paid out. -My last day was 5/29 and bonuses were paid 6/1.
I am not familiar with California law so I am just wondering if there there is any chance that I am entitled to collecting my bonus?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
Hello, In California, "wages" include any form of remuneration/payment in return for labor performed. Cal. Labor Code 200. Wages are earned and payable, once everything required by the employment contract is satisfied by the employee. A bonus, unless entirely discretionary (e.g., a "Christmas bonus"), is not subject to forfeiture by subsequent acts or omissions, once the bonus is earned, as described above. You have the right to your bonus. See this link to file a complaint. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!

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