Legal Question in Employment Law in California

Hello. I signed a Performance Incentive with my current employer. This was during the 4th re-org in my 9yrs with them. The contract indicated that I remain an employee and deliver performance objectives that would be outlined ( further discussed). During the contract time, there was confusion on what my job function was. The final outline was agreed with only 1 1/2 months left on my contract. Also during that time I was diagnosed with acute thyroid disease. This caused a week of absence in which I used available vacation time. The contract is now due. I received a notification from payroll the a reward had been register. However, my line manager then called to tell me I would not be receiving the scheduled reward, as he felt that I had not accomplished the objectives for a full 6 months as outlined in the contract. Additionally there were no warnings to my personal contribution and that I would not be making the reward.


Asked on 1/07/12, 3:10 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The right to any form of compensation, whether salary, bonus, performance incentive or any other benefit is determined by the terms of the contract entered into between the employer and the employee. Preferably, the contract is in writing. It can be verbal but this may lead to a dispute over what the exact terms are.

There is no way to determine, from your post, how to calculate your "reward" or what objective criteria must be met to earn it. If it is left up to the discretion of your employer, you may have a problem.

This is something you will need to consult an attorney for. The attorney will need to review the terms of the agreement to offer an opinion as to whether you have an enforceable contract and, if so, what you can do about it.

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Answered on 1/09/12, 10:58 am


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