When you are an employee who has worked hard for your boss and helped them sell many products or services, you expect to be paid the bonuses you deserve. However, your employer may not see things as clearly, and as a result may decide for one reason or another the bonuses for which you worked so hard will not be coming your way. When this happens, do not let your employer get away with this behavior. Since California law offers employees numerous protections regarding bonus disputes, you may decide you need to sue for unpaid bonuses in order to get the money you deserve. Should you decide to do so, meet first with an employment attorney Newport Beach workers have relied on in the past to get these disputes resolved in their favor.
As for what to know about bonus disputes in these situations, one of the most important is that courts in California have in recent years tended to rule that bonuses employers claim can be paid at their discretion are in fact due to employees because of contractual obligations. In many instances, a company will float the idea of bonuses to employees in an effort to get them to work harder, only to come along later on and claim no agreement was ever in place. However, once your Newport Beach bonus disputes lawyers uncover evidence the company has had a past history of paying bonuses to its employees, the court will likely rule a contractual obligation exists regarding your case. Thus, no matter what your employer may tell you as to why you will not be paid your bonuses, let your employment attorneys for bonus disputes handle the matter on your behalf.
Bonus Disputes and California Law
Along with most courts in California recognizing contractual obligations as one way employers should be forced to pay bonuses to deserving employees, California law also recognizes that bonuses can fall into two types of categories, those being discretionary and non-discretionary. Since there can be plenty of areas in both of these categories that may not be clearly spelled out to employees or explained by employers, numerous disputes can arise. When they do, it is best to see if the situation can be resolved between you and your boss. However, if it cannot, do not be afraid to speak with an employment attorney Newport Beach workers will give them straight answers to their questions.
When employers pay discretionary bonuses to their employees, they are generally given out as a reward for good service or because the company had an especially good year financially. Examples of such bonuses include those given out at holidays or other special occasions, and it is important to note these bonuses are not given to employees based on their work production or efficiency. Should you know other employees were given a discretionary bonus yet you were left out, you have a right to be given this bonus. To ensure the bonus comes your way, schedule a meeting with Newport Beach bonus disputes lawyers to discuss the matter in more detail.
Unlike discretionary bonuses that are generally paid out to all employees in an equal amount, non-discretionary bonuses are paid out to select employees based on their work performance, revenue goals reached by the employee, or other similar factors. Usually, these bonuses are clearly stated in an employment contract or implied company obligation. Yet in some instances, they may be part of a verbal agreement, which opens the door to disputes between yourself and your employer. Though you may think disputes involving non-discretionary bonuses are always clear-cut and fall in favor of the employee, never assume anything when you need to sue for unpaid bonuses. To give yourself the best chance of winning your bonuses case, rely on employment attorneys for bonus disputes who can demonstrate a strong track record of success with previous clients.
Timely Payment of Bonuses
Once you have reached certain performance goals and know you deserve to be paid bonuses for your efforts, California law under Labor Code 204 states employers are required to pay these bonuses in a timely manner. Since California views an earned bonus to be the same as earned wages, the bonus payment must be paid in a timely fashion and appear on an employee’s pay stub, since the bonus is subject to withholding taxes. While you should of course be willing to give your employer a reasonable amount of time to pay you the bonus, you are not expected to sit back and wait month after month for the money you earned. If you have tried everything you know to get your employer to do the right thing regarding payment of your bonus, it may be time to contact an employment attorney Newport Beach knows can handle these cases and resolve them as quickly as possible.
Bonus Payments after Termination
Whether you quit your job voluntarily or were fired by your employer, you are still entitled by California law to be paid whatever wages and bonuses were due to you at the time you left the job. According to California Labor Code 201, when you are fired from your job, any wages and bonuses you are due at the time are payable and due immediately. Should you quit your job, California law states your employer must pay you within 72 hours from your last day of employment. However, if you gave at least 72 hours prior notice to your employer before leaving the job, wages and bonuses must be paid immediately.
If you have determined you may need to sue for unpaid bonuses, the decision has not been an easy one. However, since you worked hard to earn your bonuses, it is imperative you do everything possible to hold your employer responsible for their actions and get the compensation you deserve. To get the process of legal action started against your employer, contact Newport Beach bonus disputes lawyers today to schedule your consultation.