Legal Question in Employment Law in California

Bonus payment if resignation

I'm based in CA and I recently resigned from a GA-based company - 'X'. X says they won't pay my Q4 '03 bonus because I won't be employed at the time of payment (45 days after close of Q4'03). When I joined X (Q3 '03), I signed an offer letter stating annual salary and bonus. The bonus plan should have been defined in writing within 30 days of employment. At this time, I still have not received that plan, meaning I was never made aware of the payment requirements. Do I have a legal right to the Q4 '03 bonus?

Thanks.


Asked on 12/21/03, 9:25 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Bonus payment if resignation

Regardless of what they say, you can file a claim for unpaid compensation with the Labor Commissioner to try to get your bonus and any other money owed. You can have an attorney represent you to maximize the chance of success. If the amount owed is enough to justify hiring an attorney, feel free to contact me to discuss.

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Answered on 12/23/03, 1:02 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Bonus payment if resignation

depending on the language within the agreement you signed with this company, this will determine your rights and legal options. the agreement you signed should be reviewed by an attorney to let you know exactly where you stand legally and how you should or should not proceed thereafter. if you would like a free phone consultation regarding this contractual matter, email us directly today with your contact information.

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Answered on 12/22/03, 5:17 pm


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