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Resigned shortly before bonus pay - California California

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  • Resigned shortly before bonus pay - California California

    I work in California and I quite my position a couple of weeks before the bonus pay date. The bonus is for 2007 work and I worked all of 2007 for the company. The letter they sent out last year regarding my bonus indicates that I had to be employed with the company on the bonus pay date, however it also states that the bonus is guranteed. Therefore, its a nondiscretionary bonus correct? Am I entitled to the bonus?

    Thanks in advance.

  • #2
    Whether or not you are due the bonus depends entirely on the bonus agreement. The law does not specifically address this issue. There is no across-the-board law that mandates when you receive bonuses.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Hard to say. I have worked for CA employers. Some of our bonus would have been unconditionally payable after termination under CA rules and some were not. This is very specific to the actual wording of the bonus plan. If you want to learn more about the CA specific rules, you can download a copy of the CA-DLSE's manual.
      http://www.dir.ca.gov/dlse/Manual-Instructions.htm

      Alternatively, just file a wage claim with CA-DLSE. It works or it does not, but either way, there are no costs to you.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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