Legal Question in Employment Law in California
My employer did not pay me for my November bonus that I earned (monthly bonuses, non-discretionary). I was laid off yesterday but I got my December bonus. I have paystubs to prove that I get monthly bonuses, and the bonuses I earned from November are missing from my check. My employer does not respond to my emails of me requesting my bonus. Can I file a small claim and get money back?
1 Answer from Attorneys
If your employer did not pay you a bonus (or any other wage) to which you were entitled upon termination, then you can file a wage claim with the Labor Commissioner. In addition to the amount of the underlying unpaid wages, you should be able to collect "waiting time penalties" equal to one full day of wages for each day post-termination that your employer fails to pay you the wages, up to a maximum of 30 days.
In addition, you should probably also contact an attorney for a consultation, as an attorney may help you identify other ways in which your employer did not pay you correctly. For example, many employers who issue non-discretionary bonuses often underpay their employees for overtime because they miscalculate the "regular rate" of pay. Many employment attorneys (like my firm) offer free consultations, so don't let financial concerns prevent you from contacting an attorney to discuss your situation.
Good luck!
Tuvia Korobkin, Esq.
Haines Law Group, APC
424-292-2353
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