Legal Question in Employment Law in California

Bonus Payout

When I was hired in 1/2002, as part of my compensation package, I was given a bonus formula based performance. To date I have not been paid on this bonus formula. The amount to date would be a little over $100K. Over the years I was promoted to Executive Director with a new Employment Agreement but never was the bonus voided or waived. My position is now being eliminated and I brought up the topic of the outstanding bonus to them. They are saying they do not have the original agreement in my personnel file and are inferring there is no bonus. I have given them my copy of the bonus calculation. It clearly shows the formula and the percentage payout for each month.


Asked on 7/25/07, 12:49 am

3 Answers from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: Bonus Payout

This is a signficant sum of money, and you will probably need an attorney to guide you through the collection process. As you already know, you are probably entitled to the bonus, it's just a matter of "persuading" the company to pay the bonus. You may have Statute of Limitations problems, however, so you should contact a reputable, experienced employment law attorney as soon as possible.

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Answered on 7/25/07, 9:09 am
Terry A. Nelson Nelson & Lawless

Re: Bonus Payout

Time to get an attorney, and quickly. You are already in a position where they can argue that your conduct indicates a waiver of any claim. Feel free to contact me if you want help pursuing your rights and remedies before it's too late.

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Answered on 7/25/07, 2:17 pm
Scott Linden Scott H. Linden, Esq.

Re: Bonus Payout

You certainly have a valid complaint and the basis for a valid lawsuit, if necessary. Your first action is to contact the Department of Labor (it's cheaper than starting with one of us). If they are unable to assist you, THEN you contact one of us attorney with the results of that investigation (and they will have an investigation).

If you want to learn a little more about our firm, please visit RulesOfEmployment.com.

I can be reached there or through the address, phone, email provided by LawGuru.

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Answered on 7/25/07, 4:20 pm


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