Legal Question in Employment Law in California

passed over for bonus

I worked for a company for about a decade, and resigned last Oct.(2000). This year(Mar.2000) company reps contacted me to return temporarily to help with a special short term contract. At the start of the job the project manager called a meeting and announced there would be a bonus(to$500,000) if we finished early ,to be split between the people (about 20)at the meeting.The job was completed early and the bonus was earned. I left after the job was done to return home.It was later I learned that I was excluded because I was no longer an employee of the company.I never agreed to return on a permanent basis, only for the short term contract.The other people received healthy bonuses.


Asked on 7/20/01, 11:00 pm

3 Answers from Attorneys

Roger Evans Mathis & Donheiser

Re: passed over for bonus

You may be entitled to the bonus, depending on the agreement you had. Obviously, anything in writing would be helpful; a promise to a room full of people, standing alone, would be hard to enforce. The fact that others received the bonus is a positive vact, particularly if there was anyone else who returned only temporarily to assist who also received the bonus.

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Answered on 7/23/01, 11:54 am
Paul Crost Reich, Adell, Crost & Cvitan

Re: passed over for bonus

From what you have written, there appears to be enough basis for you to pursue the matter. You should consult with an attorney in your area about the details of your situation or file a claim with the California Labor Commissioner.

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Answered on 7/23/01, 12:56 pm
Thomas Pavone Pavone & Cohen

Re: passed over for bonus

If at the time of the offer there was no distinction announced between temp and regular employees, you have a claim. If the amount you claim is below $5,000, you can take the matter to small claims court. If the sum is larger, you may want to contact a lawyer experianced in wage and hour law.

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Answered on 7/25/01, 1:52 pm


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