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Boss who falsifies billable hours and denied bonus and salary due-California

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  • Boss who falsifies billable hours and denied bonus and salary due-California

    Good evening-
    I have a question concerning my employer and my entitlement to bonuses.
    When I was originally offered employment as part of our negotiations I stated that the salary offered was not sufficient as it was only 50-60% of the industry standard. My employer countered with a bonus program he offered and that it would easily replace the difference in salary. I acquiesced and hoped for the best and prepared for the worst.
    I noticed that on a constant basis that my billable professional hours were either being deleted or switched to employees who were either nonexistant or were real employess who were non-bonusing staff(clerical, etc.) I have documentation that proves this fact over and over. When confronted with this fact, my employer states that "that's insane," although in private he has admitted that he has deleted hours..."when it's appropriate."
    Additionally, I received the first bonus schedule in the beggining of my employment and after the first quarter ended I received a bonus which was atleast 60% ([email protected] 1,200 ) short of what I had legitamately earned.
    Two months into this quarter the boss suddenly announced a new bonus schedule yet did not provide us with any physical copy of it and has only vaguely made statements that indicate a 20-30% increase in the productivity required to bonus (which by the way, far exceeds a 8 hour work day) and a 75% decrease in the amount of bonus.
    Finally, when I was made aware that my actual base salary was dependent on meeting a minumum bonus schedule, as well as my medical insurance and virtually all other benefits being dissolved I terminated my employment. He has also continued to delete and/or reassign literally 20-30% of my legitimate billable hours. He also tried to get me to sign a statement that I would have to return all salary in my final payment(which was only 20-30% of what he owed me) if I was to pursue litigation.
    My real need is in the area of bonuses( caselaw and code ) since I have researched all the other issues. I know this may be irrelevant but this employer is constantly employing fraudulent business practices and falsifies documents in a most blatant and demostrable manner. I only want what is legitamately owed me. Please offer any suggestions?

  • #2
    False Promises

    This is illegal under California statutes. You can consult with the Division of Labor Standards Enforcement.
    Lillian Connell

    Forum Moderator


    • #3

      Thank you very much for the information you have provided me. One more question. I have calculated the money owed me at $3,719.56. Unfortunately, I am certain that this is only a portion of the amount owed me but I simply can't uncover in totality the amount the employer in question has defrauded me. In reference to the amount that was not paid timely per the labor code what is the penalty for that amount if I was to settle this dispute outside the courts or the Department of Industrial Relations?


      • #4
        Money Due to You

        You should start with the DIR. Going to the DIR will help in several ways. One, they can work towards getting verification of your claim and, two, they have the authority to require penalties to be paid to you. Plus, going to the DIR won't cost you any money.
        Lillian Connell

        Forum Moderator


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