Legal Question in Employment Law in California

Getting the rest of my bonus after I have been laid off

I was laid off from my Employer at the end of March and I signed a separation agreement that stated I agreed that I have been paid all money and benefits (including salary, bonuses, commissions, and vacation pay) owed to me by the COMPANY. It went further to stipulate that I release and forever discharges the COMPANY from any and all claims for damages, back wages, future wages, bonuses...etc. I signed the separation agreement so I could get at least two weeks severance.

I provide this as background because my previous employer still owes me $15K as part of my bonus which, I never really pursued because I didn't think I was going to get laid off...do I have any grounds to try to legally pursue it?

I didn't get paid out my full bonus at work even though I had it in writing and signed. The company doesn't have a formal review policy and in my case a formula to determine how much you get of your bonus. As far as I know everyone got paid their full bonus that was communicated to them. And even if they didn't, I know that everybody in sales, the group that I was in, was paid their full bonus, we actually gave someone more than she was entitled to because she was a great performer


Asked on 8/08/08, 8:19 pm

1 Answer from Attorneys
Steven Miller Steven L. MIller, a Professional Corporation

Re: Getting the rest of my bonus after I have been laid off

The question needs some clarification. Why would you sign the separation agreement if you "...didn't think I was going to get laid off"? It would seem to me that by virtue of you signing the agreement and release, you knew you were getting laid off. On the face of things, while the labor code has a provision that wages in California, are never waiveable, nonetheless, the signing of the release would appear to make things very difficult. For further information, FAQ, and additional resources, feel free to visit my website at www.californiawagelawyer.com.

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Answered on 8/11/08, 3:06 pm


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