Legal Question in Employment Law in California
Fired after asking for Bonus
I am an Outside sales rep. 5 yrs. w/ Co. We are given quotas as well as super Bonus quotas each year. as stated in employee handbook if we get to super bouns we recieve a trip and an extra week off. Ok we were all given our quota #'s at our review in Jan. these are the #'s from the Co. computer with our quotas, I worked hard all year made super bonus w/ numbers I was given in Jan.I recieved an email w/ a congragulations for make my bonus. So in Feb. I started to make some travel plans and got the run around about it this went on for 2 months so I just booked the trip and the week b/4 I was to leave I recieved an email stating the #'s I was given as my quotas in Jan. were wrong so they said didn't win the trip. So I paid for it myself and used one of 2 weeks we get every year. and I was back home and 3 days later I was fired. I fell it was for calling them on the bonus they owe me. Which should be the trip and a weeks pay. They also didn't pay at the time of being fired ( still havent recieved commission due or statements to verify my commision due Vacation pay that I didn't use and my salary. What should I do?
3 Answers from Attorneys
Re: Fired after asking for Bonus
Bonuses and non-cash incentive awards are considered wages. An employer can't change compensation plans after the fact, and deny payment of earned bonuses. I once won a claim at the Division of Labor Standards Enforcement based upon the employer withholding a $200 incentive-type gift/spiff, and also got an award of $13,000 in statutory waiting type penalties as a result of the withholding. Certainly fact specific in that case and every one will be different.
You should contact an employment lawyer in your local geographic area to fully evaluate your claims, including a possible wrongful termination in violation of public policy.
Re: Fired after asking for Bonus
The obvious answer to your question is to meet with an experienced employment law attorney as soon as you can. Based upon the facts you present, the employer breached its compensation agreement with you and, possibly, wrongfully fired you.
Once a lawyer gets all the relevant information, he or she will probably contact the employer and give the employer the option of trying resolve the matter amicably through some form of a separation agreement, or through litigation.
I usually advise people to meet with at least 3 attorneys, to compare personalities, fee structures, level of experience, etc. Then go with who you feel comfortable with.
Re: Fired after asking for Bonus
Have an attorney review your claim for unpaid compensation and penalties, and the facts that might support a claim of illegal firing. It may be possible to recover without filing suit. Contact me if interested in pursuing this.
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