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A 13 month Salary Contract dispute

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J

jmoraga

Guest
I am an exempt salaried employee of a foreign-owned company in Southern California. When I took the job the employer required the my annual salary be prorated and paid out on a 13-month schedule. 12 monthly payments and the 13th additional month paid at the end-of-year in december. After about a year, I found out that some employees were on traditional annual salary structures, which I was told was not available.

I am being laid off this month and requested the prorated amount of my 13th month salary check at the conclusion of my employment, since my monthly pay was divided up amongst 13 months, I believe I am owed for accrual. They have stated that I would not receive it because it's a bonus, but this is not the case, since we receive bonuses as well at that time, apart from the 13th month salary payment. Do I have legal right to a prorated amount of that 13th month?
 



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