Legal Question in Employment Law in California

threat of no bonus because to many injuries

I work in a retail store and every year we get a bonus, at the begining of the yr manager says our bonus dependes on inventory, then when bonus time comes around every year manager says to everyone i dont think anyone will get a bonus because there were to many injuries this year. But when we do get them the amount depends on how many hours we worked. Because of this when someone is injured they either dont report it because everyone will blame them for their bonus being cut, and when they do try to report it managment asks them if they want to fill our a report. First i thought they were suppose to fill out a report for all injuries and i didnt think they were aloud to threaten us with our bonuses and then tell everyone the reason their bonus is not very big is becuase of all the people who reported injuries?


Asked on 1/13/02, 3:17 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: threat of no bonus because to many injuries

The policy you describe may violate Labor Code Section 132a, which prohibits discrimination (adverse treatment) because a person has filed a workers' comp claim. I suggest contacting an experianced workers' comp attornery in your area to discuss the policy.

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Answered on 1/16/02, 8:13 pm


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