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Laid off same day bonuses were included in paychecks

  • Thread starter Thread starter bassbiz
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bassbiz

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Missing bonus on paycheck, later laid off the same day.

What is the name of your state? California

Here is the background to this situation. I received my paycheck on 11/30/04 as I normally do. I was then informed by co-workers that they received a bonus on their paycheck. When I looked at mine, I was alarmed and shocked that my paycheck did not include a bonus. You are eligible for a bonus, if you have been employed for more than 1 quarter and obviously it depends on the total numbers from that previous quarter as well. The only people who become ineligible to receive that bonus are sales people who are on a completely different bonus structure.


So obviously I was annoyed that the people who had received bonuses on their checks also happened to be the slackers who fall completely under the radar. I had meant to speak to my immediate supervisor to see if something had been overlooked, but instead he asked me to come into his office, only to tell me that the company is going to be restructured, my position was being eliminated and that I was being laid off.

He offered me a recommendation letter, said that I was a hard worker, a high level performer and that everyone loved to work with me, so the fact they were replacing me with specific skilled set workers had nothing to do with me.
I had been working 50-60 hours/week so we could meet deadlines and doing the work of 5 people, so it was apparent, I was a hard, dedicated worker but that there was no place for me to move up there.

I was given two checks upon my termination, one was a paycheck that I would have received on 12/15/04 to cover the last two weeks I had worked in November and the other check was for the vacation hours I accrued but never used. To be honest, this is enough to maybe slide by 6-7 weeks, but that is all.

Now that I have these resignation papers they are expecting me to sign and return, I realize that perhaps I should have still received this bonus. I was there for that last quarter and I dont see why I would no longer be eligible for it UNLESS suddenly it was based on performance and that would still be no excuse because I had worked my tail off for that company, but considering it was included on the paycheck dated 11/30/04 (which was pay for the first 2 weeks of november), same day I was laid off, I think it is something that is due to me.

Is there something I should do about this?
Any thoughts? Thanks.
 
Last edited:


Beth3

Senior Member
Whether your employer was obligated to include you in the bonuses depends entirely upon the terms of the bonus plan. In the great majority of instances, cash bonus plans are entirely a matter of company policy (i.e. they aren't regulated by any benefit laws such as ERISA) and the policy usually includes statements that make it clear that the bonus is discretionary and that the employer may amend, change, and/or discontinue the bonus plan at any time with or without advance notice.

The bottom line is if you want to know whether your employer has to give you the bonus, you're going to need to show the written bonus policy to an attorney.
 

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