Non-payment of bonus

[UnivPeak]

What is the name of your state (only U.S. law)? California
As of Nov. 20, 2008, my employer of one year+ has failed to pay Q2 2008 and Q3 2008 bonuses and did not pay Q4 2007 or Q1 2008 until 15 weeks after the quarter ended. I heard through the Finance that some employees have been paid. This strikes me as unethical if not outright illegal. Any thoughts?

 

[cbg]

This is going to depend on the terms of the bonus agreement. The law does not address bonuses directly.

 

[UnivPeak]

Bonus Non-payment

My employment contract states as follows:

"Bonus:

In addition to your base salary, you will have the opportunity to earn $XX,XXX in bonus moneys over the next 12 months, measured and paid quarterly, for successful completion of management objectives. Your specific management objectives will be established within 3 weeks of your start date and will be achievable and payable on a quarterly basis over a 12-month period."

All of my bonus objectives were related to personal performance and not company or business unit performance. I received full payments for Q4 2007 and Q1 2008 (albeit quite late). I am concerned about Q2 and Q3 for tax reasons: I have the ability to shelter this income this year that I will lose next year. The slippage of these bonus payments into next year would result in an approximately $4,000 higher tax payment in 2009.

 

[ecmst12]

You must take your complete contract to a lawyer for review.

 

[pattytx]

So, when you asked your manager, payroll, or HR about this, what did they say?