Can an employer stop payment on a bonus check

[jd1947]

What is the name of your state (only U.S. law)? CA
My employer (a dentist) gave me a bonus check before I quit, but was mad at me on the day of my quitting because I came to work late and did not cover a shift. He stopped payment on my bonus check. Is there some CA employment law that would protect me such that I can successfully sue to get him to pay my bonus. He already gave me the bonus and never said that I no longer deserved it. Thanks! Julie.What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)? CA
My employer (a dentist) gave me a bonus check before I quit, but was mad at me on the day of my quitting because I came to work late and did not cover a shift. He stopped payment on my bonus check. Is there some CA employment law that would protect me such that I can successfully sue to get him to pay my bonus. He already gave me the bonus and never said that I no longer deserved it. Thanks! Julie.What is the name of your state (only U.S. law)?

**A: employment law deals mostly with labor and hours worked for salary or hourly wages. This bonus issue is a hard one.

 

[pattytx]

Do you have an employment contract that specifies the conditions under which you will receive the bonus?

 

[jd1947]

What are my recourses?

I just meant if there's any case law or any similar situation that you could think of so I could rely on it. I want to sue my employer so I can get the bonus paid, because I feel that :1) although a bonus is a discretionary payment, once the employer decided to give me the bonus in the form of a check, and I cashed it, without notice from him that he was taking it back, it was my property. 2) I did not obtain this bonus check through fraudulent means or was there any mistake as to the intention of the employer. He just got mad at me and stopped payment on it.
I would really appreciate any help on this, any idea, any quote to case laws or actual employment laws. Thank you!

 

[jd1947]

No, unfortunately

Do you have an employment contract that specifies the conditions under which you will receive the bonus?

No, I do not have anything in writing

 

[cbg]

The law does not specifically address bonuses. If you do not have anything in writing, you're going to have a hard row to hoe.

 

[Mass_Shyster]

I haven't researched the California statute. I did find this:

How to Sue for a "Stop Payment" Check

Indicating that if the person who stopped payment did not do so due to a good faith dispute, he or she may be liable for "addition to the face value of the check, three times the amount of the check with at least a $100 penalty and a maximum of $1500."

 

[jd1947]

I haven't researched the California statute. I did find this:

How to Sue for a "Stop Payment" Check

Indicating that if the person who stopped payment did not do so due to a good faith dispute, he or she may be liable for "addition to the face value of the check, three times the amount of the check with at least a $100 penalty and a maximum of $1500."

Thank you for this link. Any other CA statute or case law would be much appreciated.

 

[Mass_Shyster]

Thank you for this link. Any other CA statute or case law would be much appreciated.

The statute referred to in that link (1719) seems to cover it pretty thoroughly:

CA Codes (civ:1708-1725)

Scroll down to 1719

 

[jd1947]

OK, thank you for helping me out. Now the employer is saying that part of the bonus check was to pay for some of the wages that I did not earn because I did not show up for the shifts that I missed, and he was left without help during that time. Can I still push for part of the check? Thank you!

 

[Zigner]

OK, thank you for helping me out. Now the employer is saying that part of the bonus check was to pay for some of the wages that I did not earn because I did not show up for the shifts that I missed, and he was left without help during that time. Can I still push for part of the check? Thank you!

Go for the entire check. He DID withhold taxes from the check, right?

 

[pattytx]

Did you ever get a pay stub/direct deposit advice for this payment? If so, did it distinguish bonus from salary? Were you exempt or nonexempt? Did he give you any clue as to what days he said you were not entitled to be paid for?

 

[jd1947]

This check did not identify that it was a payroll check, just a personal check. He told me verbally that it's to pay for me staying for another few shifts and as a going away thank you. After I got the check from him, the next day, he chewed my head off on some unrelated issues, and I walked out on him. A few days later, my bank said that the check did not go through because of his stop payment.