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Delaying/Denying Paying Out Bonuses California

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  • Delaying/Denying Paying Out Bonuses California


    I have been posting all over this forum. Now, I am wondering if I should have put my concerns with my employer together in one post.

    Here is a specific issue. Managers have an opportunity to earn a quarterly bonus. There was a lot of turnover in upper management. As a result, the standards by which our bonuses were being judged were not fair.

    !) For example, one manual tells one division to answer the phone one way but the language on the secret shop report is different.
    2) Our company hired a consultant who trained all of us to change a key process in our business about six months. Apparently, none of the company heads realized that the individual told us to do the exact opposite of what is in our manuals. During the call, I brought up the difference and no one corrected the consultant. I instructed my staff to follow the new policy. Six months later, I lost 10 points on a secret shop.
    3) We were penalized for not using a specific computer program when an upper level manager told her team to stop relying on that specific program. Of course, she is gone. Also, there are not enough computers for staff to use most of the time.
    4) We were penalized for putting someone on hold for longer than 30 seconds. According to our best practices, our receptionists have to literally convey a script of data when they transfer the call. The data alone takes at least a minute to convey.
    5) We were penalized for not using forms that don't exist. Seriously.

    I am sure that you are bored with the details by now. Anyway, I am curious about response time. In April, I spoke to my obtuse newest manager about the mistakes in the calculation. HE said that it was above him. So, I sent a polite email to my HR VP requesting that my bonus report be recalculated based on new leaderships, expectations, and software. No one has answered my email. I resend it every couple of months just for fun. No one answers.

    In person, the manager and the director in charge of this audit/secret shop process have told me that I was right. I should be paid my bonus. I have taken the topic to the CEO who as a result has put me on a committee to fix the actual process. In the meantime, I misses my second quarter bonus by a few "unfair calculations." I have heard that off the record, the VP of HR sides with me.

    Besides looking for new employment, what should I do?

  • #2
    "I have taken the topic to the CEO who as a result has put me on a committee to fix the actual process"

    That's about all you can do. Doesn't sound like you have much control over anything else. Is the committte meeting? Are their people in authority on it so that decisions can be made?

    I would stop sending the same letter over and over. It is obviously not working. If your bonuses are based on old criteria and you are being told to use new criteria, then the conclusion is that you won't be making the bonus. If you fail to use the new criteria and insist on the old, it is very possible that you would be considered insubordinate. The company is not required to update the criteria since they aren't required to pay you any bonuses at all. May be not fair, but I am not seeing illegal in this.


    • #3
      You went to the CEO. I don't know what else you can do. It seems the CEO did put you on a committee to fix the actual process. That is about all you can do now - work on fixing it.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


      • #4
        Thank you. I will let it go. :-)
        Originally posted by Betty3 View Post
        You went to the CEO. I don't know what else you can do. It seems the CEO did put you on a committee to fix the actual process. That is about all you can do now - work on fixing it.


        • #5
          Agreed with the other answers. Past that, CA is one of the very few states with formal rules for bonus and commissions. As I said in the other answer, read the related chapters in the CA-DLSE manual. Smart employers read the manual, have formal policies which comply with the CA rules, and FOLLOW THE POLICY. But even if there is no policy or the policy is not followed, the CA-DLSE rules are in play. However "fair" is not one of the criteria. The rules are what the rules are, not what you want them to be.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)


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