Legal Question in Employment Law in California
Termination pay
My husband was recently fired after 26 yrs with his employer. Last year all bonuses were delayed until this year. The 2nd and 4th quarterly 2006 bonuses were to be paid two days after he was fired. My question is, ''Was my husband entitled to receive the postponed, as well as currently due bonuses, when he was discharged?''
Thank you for your assistance in this matter.
1 Answer from Attorneys
Re: Termination pay
Generally, Bonuses are a form of discretionary pay. However, when the bonus is tied to a performance goal or a milestone that is achievable and which is achieved, similar to a contract, then possibly your husband is entitled to the bonuses. If the employer released bonus or incentive money on a more ad hoc basis without specific goals or targets as it relates to your husband then there is less of an argument that a contract was formed between your husband and the employer in regards to the bonus monies. Your husband may wish to review the terms of his employment and employment contract with an Attorney.
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