Legal Question in Employment Law in California

Getting cheated on my bonus by employer

I have a written, undated memo from my employer that sets out my bonus. I am paid on a point system for scheduling plastic surgeries and get my bonus in the month the fees are paid, usually all before the surgery.

My mother became ill and I took off 2 weeks under the Family Leave Act to take care of her. When I returned, my employer deducted from my bonus about $450 for surgeries that were performed when I was gone. My presence in the office was not a requirement for the bonus.

Then, when a patient forged her aunt's signature as a guarantor to the surgical fees, and the doctor was stiffed the fees, I was told that it was my fault and that any bonuses I will be entitled to will be used to pay the $11,000 in fees that the patient owes until paid in full.

Question 1: Is the $450 deduction a violation of law since I am being punished for taking advantage of the Family Leave Act?

Question 2: Can the doctor legally make me pay for a patient's surgery? What can I do?


Asked on 8/25/04, 5:44 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Getting cheated on my bonus by employer

Employees can NOT be made to pay back the employer for such errors, unless it was theft by the employee. Commissions could be reduced under some circumstances to account for being off work, but this doesn't sound like justified deduction. You can probably get the employer to correct their position with forceful letter from an attorney, and if that doesn't work, then a claim of improper deduction and unpaid compensation to the Labor Commissioner would be appropriate. An attorney would represent you in the hearings on that claim. Also, it would be illegal for them to retaliate because of your claims. Contact me if interested in getting representation in this.

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Answered on 8/30/04, 4:09 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Getting cheated on my bonus by employer

I believe the California Labor Commission would like to hear of this. A good letter from atty may help and an attorney can assist in contacting labor commissioner or you can contact them yourself. Contact them and file a complaint.

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Answered on 8/30/04, 4:26 pm


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