Legal Question in Legal Ethics in California
Can my bonus be withheld if I worked the required time to merit the bonus but will not be employed when the bonus is paid?
Asked on 12/30/10, 9:34 pm
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
No. Save all documentation (don't keep important documents like this at your workplace) and when and if you lose your job, you could file a claim with the State Labor Commissioner.
Answered on 1/04/11, 9:38 pm
I disagree with Stone. It depends entirely on the terms of the bonus plan and the circumstances of your departure. It is perfectly legal to have a bonus with a retention provision that makes it payable only if you continue employment. In that case, if you quit or are terminated for reasonable cause, you lose the bonus.
Answered on 1/27/11, 12:58 am