Legal Question in Employment Law in California

Annual Bonus payout subject to continuous employment

My annual bonus of 06' is to be payed out in March 07'. I would like to leave at the end of the year to pursue other employment. I am being told I have to be employed with the company at the time of payout even though I earned the payout in 06' and completed the year employed with that company. Do they not have to pay me?


Asked on 12/06/06, 10:22 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Annual Bonus payout subject to continuous employment

It depends on whether the bonus is contractual or discretionary. If it is contractual, the terms of the contract will determine whether you will get the bonus. If it is discretionary, it is like a gift and the company can do whatever they want.

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Answered on 12/19/06, 5:01 pm


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