Legal Question in Employment Law in California

After 2 years working for a garbage company in San Francisco as the HR Generalist, I was told by the Regional HR Manager on 10/14/10, that she was giving me time to find another job. She asked me how long I needed. I told her until the end of the year because I really needed my year end bonus. She gave me until January 30th, 2011 to find another job. She told me that "I was not right for the job" since her and I have had difficulties ever since I was hired. After speaking with the other Operation Managers and even the GM, all of them stated I was doing a Great job. They stated that they had been contacted by my boss and was told I was put "On Notice". By Nov 5th, 201, all evaluations were due for the prior fiscal year (Oct 09- Sept. 30th 2010). I was told that no one was getting raises but year end bonuses were getting paid. By the end of November, I had not received my review and asked her if I was recieving one. She said no. I asked her why? She said she was thinking how my leaving was going to happen and stated that I should resign instead of termination. I clearly siad no since my unemployment would be denied. She said then I am going to have to think about how this is going to happen. I told my boss I was moving back to the East bay after moving to SF in July 2010 to be closer to work. I had to move to a cheaper place since I was losing my job. I told her I was moving by Christmas. When I told her this, I had asked if bonuses were getting paid this year. She said yes, since we were again not receiving raises. On December 14th, 2010, bonuses were given out. Bonuses are dependant on the Evaluation Score given, salary grade & tenure. My prior year's bonus was $5,700 net. When I saw my bonus, it was $1400 net and gross $747.00. I panicked and called the VP of HR. The message was given to my boss. We met the next day. She said she was surprised by the message. She siad to me," Did you honestly think you were getting anything? You should be happy with getting something. I reminded her about our prior conversations and she said," I never promise bonuses and even if I did, I never promised your whole bonus. Corporate decides these things and I don't have anything to do with the amount." After this meeting, I called the VP of HR again. The VP said that she gives Corporate the evaluation scores and the scores determine our bonus amount. I told her I did not receive an evaluation. She said that my boss had not yet written by evaluation, but one was going to be written. She further stated that my boss had given her my score so I would have to take this matter up with my boss. To further complicate things, I had a panick attack with a visal vaga syncope (passing out) and dwas taken to the hospital. my doctor took me off work for 1 month due to "Work related anxiety and stress". I had reported in November to my doctor that my boss had given me notice and that I was having anxiety everyday about losing my job and having to come in everyday to face her. My doctor at that time increased my medication. IS THERE ANYTHING I CAN DO?

Is there anything I can do?


Asked on 12/29/10, 10:08 am

1 Answer from Attorneys

Most employees who are being terminated for "not working out" don't get any bonus for good performance. That seems kind of obvious. So it seems odd that you would expect your standard bonus. Being given over 90-days notice to find another job is also incredibly generous by any standards. So I'm really at a loss as to why you think there might possibly be any legal recourse here. You got more than anyone I've ever heard of getting when they were fired.

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Answered on 1/26/11, 10:19 pm


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