Legal Question in Employment Law in California
Bonus Payout at ''At Will'' Employer
I have tendered my resignation to
my company with a four-week
notice. An ''at will'' employer, I
realize there are stipulations, and
upon consulting my offer letter and
bonus structure form, I am confused
about bonus payout. It is not written
in P&P that the bonus is paid
annually, although it does state so in
my offer letter. I received a prorated
payout in January for the time
worked in the second half of 2006. I
am leaving more than halfway
through 2007...shouldn't my bonus
be prorated to the final date of
employment in this case as well? The
actual bonus structure document
does not stipulate resignation,
termination, or any such action. That
document does not even suggest in
verbiage an annual payout. I need
help...am I entitled to the bonus I
believe I earned in 2007 thus far?
1 Answer from Attorneys
Re: Bonus Payout at ''At Will'' Employer
Payout is whatever the written agreement, or company policy and practice says it is. If you dispute it, you'll have to file a lawsuit or a claim with the Labor Commissioner. Contact me if you need legal help in pursuing this.
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