Legal Question in Employment Law in California

Bonus Payout at ''At Will'' Employer

I have tendered my resignation to

my company with a four-week

notice. An ''at will'' employer, I

realize there are stipulations, and

upon consulting my offer letter and

bonus structure form, I am confused

about bonus payout. It is not written

in P&P that the bonus is paid

annually, although it does state so in

my offer letter. I received a prorated

payout in January for the time

worked in the second half of 2006. I

am leaving more than halfway

through 2007...shouldn't my bonus

be prorated to the final date of

employment in this case as well? The

actual bonus structure document

does not stipulate resignation,

termination, or any such action. That

document does not even suggest in

verbiage an annual payout. I need

help...am I entitled to the bonus I

believe I earned in 2007 thus far?


Asked on 7/29/07, 3:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Bonus Payout at ''At Will'' Employer

Payout is whatever the written agreement, or company policy and practice says it is. If you dispute it, you'll have to file a lawsuit or a claim with the Labor Commissioner. Contact me if you need legal help in pursuing this.

Read more
Answered on 7/30/07, 12:53 am


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