Legal Question in Employment Law in California
profit sharing
I was terminated last week from a company that has quarterly profit sharing. The profit sharing check that employees are about to receive is from the last completed quarter, which I worked entirely, full time.The company policy is that, even though the checks are given out 2 months after the quarter ends, you must be currently employed to receive profit sharing. I beleive that it is that it is part of my wage.I met all the factors that weigh into the sharing pool(time served w/company,hours worked that quarter,meeting departmental goals). Also, when the checks are given to the employees, attached to it is a figure calculated by management that represents the $amount that the check increases the employee's hourly wage. This tells me that it IS part of my wage.I had received profit sharing every quarter for 6 years,growing to depend on it as part of my wage.Do I have a case to claim my profit sharing for that quarter?
1 Answer from Attorneys
Re: profit sharing
If the company has a written policy that says you must be employed at the time of the payout, you will have a difficult time establishing you are entitled to the money, unless you can prove you were fired to keep you from getting the check. You need to have your case fully analyzed by an employment law attorney to get a more informed opinion. You have 3 years to file a claim in court or with the Labor Commission.
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