Legal Question in Employment Law in California

Bonus

Part 1.. I recieved a bonus at work for the first quarter of yr, instead of going by my tax deductions, they used another person's, stating'' this will make it fair for everyone to get the same amout if we take out the highest paid deduction of the person in the office that has the most pd out'' is this legal to do?

Part 2.. Now it's time for another bonus, pd April,May, June. I worked and earned this prior to going out on SDI in July for major surgery. Now my company won't pay me this bonus till I return to work..do I have to report this as income on SDI and can the company keep me from having the money now? Last day of work was June 30. SDI filed July 5 date that I should have recieved ck was 7/28.

Thanks for your help.


Asked on 7/29/05, 6:22 pm

1 Answer from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC

Re: Bonus

The first your question is not in my area of expertise. However, the employer can hold payment of your bonus while you are on medical leave, unless the bonus plan states they can't. The law requires periodic payment of wages, but does not specify how bonuses must be paid. Further, since you have not received the income, will not need to reported to SDI.

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Answered on 7/29/05, 8:55 pm


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