Legal Question in Employment Law in California
Bonus checks
The company I work for just set a new rule for bonus checks. It states, if you are not working for the company when they come out (8 weeks after the quarter) if you are not currently employed, you dont get it, even if you worked for the full quarter.
So April - June bonus wont come out till September. I am moving to go to school but am gonna work the whole quarter. In sept, when they come out, and I'm in school, they claim since I wont be currently employed, I wont get the check. Is this real?
2 Answers from Attorneys
Re: Bonus checks
The term bonus implies that it is not part of your regular compensation. Your entitlement to the money depends on what rules the employer sets to determine how much of a bonus you receive. You didn't give that information, so it isn't really possible to answer your question base on the information presented.
Early in my career, I represented an employee who was paid a commission based on "sales completed during employment". After he quit, they decided to change the definition of when a sale was complete. They said that they were not going to pay him for orders that were paid for after he quit becuase the sales were "completed" after he quit.
The labor board disagreed and awarded him the full amount of his claim.
Re: Bonus checks
You will want to find the original documents from your hire date (ie. employment contract) as well as documentations of the new rules. From the basic information you provided, you are entitled to your earned bonuses/commissions. However, you should have a qualified and experienced attorney review the contract and fully evaluate your situation.
Good luck at school!