Legal Question in Employment Law in California

if I live in California and my position is eliminated is my employer required to pay out my bonus?


Asked on 10/12/09, 3:33 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

There are two types of bonuses. One is discretionary, the other contractual. If it is discretionary, it is like a gift and the employer may grant bonuses in any amount it chooses, whenever it chooses. Or not at all.

If it is contractual, the terms of the contract will dictate when the bonus is earned, and how much. If you believe you have a contractual right to a bonus, you should have a lawyer review the contract for a legal opinion as to whether it must be paid to you.

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Answered on 10/12/09, 4:07 pm
Terry A. Nelson Nelson & Lawless

It is up to the terms of your employer policies, there is not law requiring bonuses, and only if it is earned and vested under their policies could you force payment. If so, and you want legal help in doing so, feel free to contact me.

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Answered on 10/12/09, 5:55 pm


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