Bonus pay after laid off

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Bonus pay after laid off

I was working for a company from nov 2007. i was on salary and was also offered bonus upto 4k based on perofrmance (i have letter from company as proof). i got laid off in nov 2008. and i didnt get any bonus. am i still eligible to request for bonus money from my employer? laid off reason was not performance related and letter i got from them say i was doing my duties. everyone else got bonus who stays with them. but they didnt give me any bonus after laid off. Please help.

Asked on May 13, 2009 under Employment Labor Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unless you have a something in writing that says you are entitled to the bonus no matter what, your boss has discretion to give you the bonus or not- i.e. you getting the bonus in the first place was based on performance, therefore, it was discretionary.  Were you laid off as a result of your employer's inability to afford you?  Or do you think your being laid off had to do with something such as discrimination of some sort?  Generally, at-will employees can be let go for good, bad, or no reason at all.  however, the boss cannot discriminate.  I would need to know more facts.  But based on what you say here, the boss did nothing wrong.


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