I STARTED A PROJECT WITH MY ER IN MARCH 2019. AT THE BEGINNING OF THE PROJECT, ALL ENGINEERS SIGNED A CONTRACT AS FOLLOWS, "Performance bonus of $1,500 paid quarterly - While activated on PROJECT, a minimum average of 1 (one) system upgrade per week must be completed. Weeks that are not participating in PROJECT upgrades will not reduce your average." AROUND JULY 2019, WE WERE 'VERBALLY' TOLD THAT THE BONUS STRUCTURE IS CHANGING BECAUSE THE TEAM OF ENGINEERS ARE CHANGING, THEREFORE, THE BONUS IS NO LONGER WHAT I STATED ABOVE. THE BONUS IS BASED ON HOW MUCH MONEY YOU SAVE WHEN OUT OF TOWN ON A PROJECT. THIS WAS VERBALLY TOLD TO US WITHOUT PRESENTING A NEW CONTRACT TO SIGN, AND VOIDING THE ORIGINAL CONTRACT. I WAS TOLD BY MY MANAGER THAT I DIDN'T RECEIVE MY 4TH QTR BONUS OF 2019 BECAUSE I WAS IN HAWAII FOR 5 WKS STRAIGHT AND SPENT TOO MUCH AND THAT I COULD MAKE IT UP IN THE FIRST QTR OF 2020. I GAVE MY 2 WEEKS NOTICE FOR FEB 28, 20', AFTER COMPLETING 7 UNITS IN THE FIRST QTR AND AFTER SPEAKING TO HIM, HE ASSURED ME I WOULD RECEIVE $1100 FOR 4TH QTR AND $1500 FOR THE 1ST QTR ON MY LAST DAY. I WAS TOLD BECAUSE I QUIT BEFORE THE 1ST QTR ENDED, I WON'T GET PAID EITHER. WHAT CAN I DO?
To start, you can turn off the all-caps. Go talk to an employment attorney and bring contracts. Attorneys do not give opinions on contracts we have not read.
You are seeking specific legal advice - something that cannot be given on a short answer Q&A board like this. Here is some general guidance.
A written contract is only binding in an employment situation if there is a guarantee of the terms for a defined period of time - something we call a term agreement. In the absence of that or other language that would have to be found in other parts of the agreement, you are considered to be employed at will, meaning that your employer has the legal right to change the terms and conditions of your employment - including your bonus structure moving forward - at any time and for any reason or even for no reason at all. This is true even if the original terms are in writing.
As to whether you are entitled to any bonus money after your departure from the company, again the terms of the bonus plan would have to be understood. However, generally, there is nothing unlawful about an employer having a bonus plan that terminated upon termination of employment, even if you worked most of the period of time for which the bonus normally provided.
You need specific, confidential advice on this. Locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
