Legal Question in Tax Law in California
profit sharing 2
About a year ago I was working for a company that has quarterly profit sharing. I qualified and got my share for 6 years. I had a tardiness problem early on with this company but had been improving on it greatly. I finally received a 'last written warning' for arriving late, which I signed. for 9 months I continued to be late, but only casually late. This they did not care about. I was 10 minutes late almost every day for 9 months until, out of the blue, I arrived to work one day 20 minutes late and was terminated. About 10 days after I was terminated, profit sharing checks were given out. I never asked for it since I thought that you had to still work for the company to receive your share. I was misinformed. It turns out that former employees that qualified did receive a share. The only exception is if you are terminated for misconduct. Thus I was denied. This all seems fishy to me. I feel that they purposely fired me before check destribution to keep me from getting a check. Do I have any rights if this is true? Would this be a 'Wrongful Termination'? It seems very wrong to me. What can I do?
1 Answer from Attorneys
Re: profit sharing 2
in order to answer this question completely and correctly it is necessary to review all documents and obtain additional factual information.
it is possible that your tardiness over such a long period of time, if documented by your former employer, would be sufficient basis for termination for cause. on the other hand, the provisions of the profit sharing plan may provide a different set of rules for participation.
you need to retain an attorney to advise you regarding any rights which you may have. keep in mind that some actions expire after the passage of time.
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