Legal Question in Employment Law in California
not sure
I am a temp working for a temp agency for over 10 months. I am due a bonus check, but the agency keeps telling me that it'll be here next week, it's been three weeks and I still haven't received anything. What can I do? There are other temps in the same situation as I am, if that helps.
2 Answers from Attorneys
Re: not sure
Without knowing what the bonus is for, it is impossible to answer your question. Some bonuses are totally discretionary, like a gift, and it is completely up to the employer to decide if, when and how much to pay. Other bonuses are more like commissions, that are earned upon the employee meeting certain defined goals. Depending on what the agreement is between you and the employer will determine what your rights are.
Re: not sure
It all depends on what the bonus is based on. If you earned the bonus pay (i.e. based on sales or performance) then you may take action against the employer. However, if the bonus pay is discretionary and has nothing to do with your performance and is at the employers discretion there is little you can do.
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