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Bonus Payout not received after resignation at year end California

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  • Bonus Payout not received after resignation at year end California

    I am hoping that someone may be able to help. I left my former company on Dec 31st 2009. I was made redundant. The company's bonus scheme was such that they had three trigger points through out the year. The first trigger was achived in April and payout occured in June, the second was achieved in July and the payout in September and the third was achieved at the end of the year and payout occured in March of this year.

    I had worked for the company for 11 years and they shut down the CA facility in 2008 and offered me a severance package if I continued with them until 31 Dec 2009. The other option was to move to HQ in Nashville, but we decided that we (my wife and I) wanted to remain in California so we took the sevarance package. I received the first two bonus payouts in June and September of 2009 but did not receive the third one in at year end that was paid this year in March. They claim that according to the bonus program, I had to be an actively employed at the time of payout to be eligible for the last payout.

    Here is the contradiction. In May of last year, two full time associates working for me in the CA division were made redundant. They left the company on May 2nd 2009. 7 weeks later, when the first payout occurred, they both received checks in the mail even though they were not actively employed in June when payouts occurred.

    Therefore, if they got bonus payouts when they were not actively employed when the first payout occurred, should I not also qualify for the last payout since I was employed at the time the bonus triggered? Are they just saying this to avoid paying me when I have talked to the two former employees and they confirm that they received checks after they left? This is not consistent with their policy that they are stating disqualifies me from receiving a bonus when they paid it out earlier in the year to two other associates. All three of us had the same severance package and same contractual paperwork, just with different end dates.

    I am not sure where to turn to, but any advise would be helpful. Thank you.
    Last edited by kevinpoopa; 03-23-2010, 09:18 PM.

  • #2
    The DLSE enforcement manual is the best place to look for this issue.
    http://www.dir.ca.gov/dlse/Manual-Instructions.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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