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Breech of Contract

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jennyv83

Junior Member
What is the name of your state (only U.S. law)? California

Hello,
I have been working for a company for a year and a and half, who offered a bonus on top of my base salary. I have never received the promise bonus and was told they didn't make enough money so they couldn't give us our bonus. I was also told that the store failed to meet the labor and food sales goal to received a bonus as well. Yet, these were never a factor in the original offer letter that I signed. They since tried to make detailed bonus structure that states what is needed to receive the bonus. I have never been fully made aware of this said new bonus structure, nor have I signed anything regarding this. I have gone to HR and I have not received a clear response back concerning this issue. Here is what I signed when I was offered the job, in regards to the bonus and what it entailed to receive it. In addition to the base salary, this offer includes a bonus structure to be paid quarterly within a month of the close of each quarter. Quarters end March 31st, June 30th, October 31st, December 31st. To be eligible for this bonus, you must be employed through the date bonuses are paid or one month after the close of that quarter, whichever comes first. The breakdown of the bonus is as follows. Receive a bonus of 5 of your annual salary of the specific Sauced location you are responsible for, to be paid quarterly. Can you please help and advise me on what my rights are, and what I can do to receive what I'm owed.
 


HRZ

Senior Member
.

CA as it's own requirements , and n general a bonus vests with employee when all the condition or criteria in initial grant of that incentive are met ..and when it is due to,be paid is in law and generally the next regular payday after the conditions are met. THe employer is free to change future incentive criteria...but not retroactively and it's defined as wages in CA.

IN short willful failure to pay wages promptly invites filing a wage compliant with the right CA agency..and let them sort it out.

Hey, if THe was contingent on a sales or profit goal thats different but not what you posted
 

HRZ

Senior Member
YOu best have a safe written copy of the engagement letter you signed which you say contains the terms of the bonus in place for you.

I agree with cbg that such letters rarely constitute employment contracts and are rarely guarantees of employment for any ascertainable term ...but they might well contain the terms of the bonus in place which is a wage issue ..details may matter

I'm of view employer is free to offer any new bonus or no bonus at all going forward ...but I don't think that is your question .
 

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