Legal Question in Employment Law in California

Verbal Agreed Signing Bonus Still Not Fully Received

I accepted a position with XZY company mid December 1999. On December 16th the manager of XYZ called and asked if I could start a week earlier, and if I knew any other recruiters looking for work. She said that there was a $3000.00 signing bonus if I could start earlier. I did start the next week on 12/21. Throughout the next 3 1/2 months I continuously questioned the bonus and kept getting the run around. Finally, early April she said that they would only be able to do $500.00 bonus. I then sat down with the VP and was promised $1000.00. I received $400.00 to this date, however, 5/22 I gave my notice of resignation and the $200.00 weekly payments of the bonus have ceased. Do I have any legal rights since this was all verbal agreements? I am looking into Small Claims court, should I continue my efforts?


Asked on 5/26/00, 3:21 pm

3 Answers from Attorneys
Frank Pray Employment Law Office of Frank Pray

Re: Verbal Agreed Signing Bonus Still Not Fully Received

I would like to know if you were forced to resign because of your persistent complaints about not getting paid your bonus. California would permit a case for "whistleblower retaliation" in such circumstances. Gould v. Maryland Sound. You would be able to recover not only the small amount of the bonus, but much greater damages for emotional injury and potentially punitive damages. This type of case is far greater than either small claims or the commissioner's office, and would be brought in either state Superior Court or U.S. District Court.

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Answered on 7/10/00, 5:18 pm
Stuart Kaye Law Offices of Stuart M. Kaye

Re: Verbal Agreed Signing Bonus Still Not Fully Received

I would suggest that you take your unpaid bonus claim to the nearest office of the state labor commissioner, not to small claims court.

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Answered on 7/07/00, 10:57 am
Thomas Pavone Pavone & Cohen

Re: Verbal Agreed Signing Bonus Still Not Fully Received

Depending on your location, the Labor Commissioner may require a long wait. Small Claims would most likley a quicker remedy. The agreement is enforceable. The employer made an offer, which you accepted by reporting to work early. At that point a contract was formed obligating the empoyer to pay $3000. You may have agreed to a modification to accept $1000, although you can argue that an employer is prohibited from requiring you to agree to a release of wages you have earned. Labor Code 206.5.

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Answered on 7/07/00, 12:06 pm


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