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Bonus not given because i gave notice

#1
What is the name of your state (only U.S. law)? CA

I was promised a bonus for continued employment from July 2017-December 2017. It was confirmed via phone on 1/3/18 that i would be getting my bonus. I gave my notice of resignation a week later, and when i asked for the money to be on my final check i got an email saying i would not get my bonus money due to the fact that i am leaving before the company has decided to distribute the funds. There is nothing in writing stating this was the terms of the bonus. I feel that i am entitled to the money.
 


HRZ

Senior Member
#3
Keep that email darn safe ...it may be a critical link to show a bonus was earned for 2017. CA has its own laws about vesting.....and it seems you made the cut...but the matter of proof is fragile .
 

Zigner

Senior Member, Non-Attorney
#4
Keep that email darn safe ...it may be a critical link to show a bonus was earned for 2017. CA has its own laws about vesting.....and it seems you made the cut...but the matter of proof is fragile .
A promise with no legal duty is not enforceable.
 

HRZ

Senior Member
#7
IF the promise was a specific bonus to complete the year and you satisified that condition it might be an earned bonus not a discretionary one in CA words...
 

Zigner

Senior Member, Non-Attorney
#8
IF the promise was a specific bonus to complete the year and you satisified that condition it might be an earned bonus not a discretionary one in CA words...
That's different than what you said above. I'm more inclined to agree with you, with the caveat that we need more information on the form of the "promise" given, as well as the terms communicated.
 

LdiJ

Senior Member
#9
What is the name of your state (only U.S. law)? CA

I was promised a bonus for continued employment from July 2017-December 2017. It was confirmed via phone on 1/3/18 that i would be getting my bonus.
That appears to be a confirmation that you fulfilled the requirements to get the bonus.

I gave my notice of resignation a week later, and when i asked for the money to be on my final check i got an email saying i would not get my bonus money due to the fact that i am leaving before the company has decided to distribute the funds. There is nothing in writing stating this was the terms of the bonus. I feel that i am entitled to the money.
That appears to be them attempting to renege because you chose to give notice.

You are going to need to run it by a local employment attorney if the amount of money involved is both worth it, and its likely that the company will be able to pay it.

However, just about anyone you consulted would have advised you NOT to give notice until you had the bonus money in your hands. Had you come here BEFORE giving notice we would have advised you to wait until after you received the bonus.
 

cbg

I'm a Northern Girl
#10
Just as an FYI, a former employer had a similar policy, where you had to be employed on the day the bonus was given to get the bonus. We had quite a few employees in CA at that time. The policy held up.
 
#11
Just as an FYI, a former employer had a similar policy, where you had to be employed on the day the bonus was given to get the bonus. We had quite a few employees in CA at that time. The policy held up.
THat was likely because the way the bonus was structured. If what the OP says is 100% correct the requirement to receive the bonus was simply to be an employee through 12/31/17. That would mean it was considered earned at that time.
 

xylene

Senior Member
#12
THat was likely because the way the bonus was structured. If what the OP says is 100% correct the requirement to receive the bonus was simply to be an employee through 12/31/17. That would mean it was considered earned at that time.
You got all that from the OP's recounting of a phone call?
 
#13
I did qualify my statement by saying "If what the OP says is 100% correct..." and, according to the OP, there was more than simply a phone call on 1/3/18. He also stated "I was promised a bonus for continued employment from July 2017-December 2017." He was suffered to work based on that promise from 7/17->12/17. The email he received simply helps is story that he was in fact told about a bonus.

CalDIR, if he should file a wage claim, is going to require the employer to show that they had the bonus plan set up in a way that required him to be working when the bonus was paid out. I don't think they can do this, again assuming that the everything the OP wrote was correct.

And file a wage claim with CalDIR is exactly what the OP should do. Here is a link for him https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
 
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#14
I did qualify my statement by saying "If what the OP says is 100% correct..." and, according to the OP, there was more than simply a phone call on 1/3/18. He also stated "I was promised a bonus for continued employment from July 2017-December 2017." He was suffered to work based on that promise from 7/18->12/18. The email he received simply helps is story that he was in fact told about a bonus.

CalDIR, if he should file a wage claim, is going to require the employer to show that they had the bonus plan set up in a way that required him to be working when the bonus was paid out. I don't think they can do this, again assuming that the everything the OP wrote was correct.

And file a wage claim with CalDIR is exactly what the OP should do. Here is a link for him https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
What proof is there that he suffered? Maybe he enjoyed his job -- if he did, how was he suffering. And 7/18 to 12/18 didn't happen yet. :D:p

Hope that helps. :cool:
 
#15
You know that is a FLSA phrase. I've always thought it was funny and use it from time to time.

As for the date I wrote. I'm thinking about writing 2018 instead of 2017 that from time to time I err the other way.
 
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