Title: Fired to Avoid Paying Commissions or Bonuses: Is it Wrongful Termination?
1FIRED TO AVOID PAYING COMMISSIONS OR BONUSES IS
IT WRONGFUL TERMINATION?
LOCAL - 818-305-6457
TOLL FREE - 818-305-6457
2California employment laws make it clear that
firing an employee to avoid paying wages
constitutes wrongful termination, but what about
terminating a worker to avoid paying commissions
or bonuses due? This is a problem that happens
way too often, especially in the tech industry
and among start-up companies, and many terminated
workers in Los Angeles and all across California
simply walk away, not knowing that they may be
entitled to sue their employer for such conduct.
3IS FIRING TO AVOID PAYING BONUSES ILLEGAL?
The Los Angeles employment law attorney Matthew
A. Kaufman explains that employers in California
can attempt to avoid paying bonuses or
commissions by firing an employee right before
the bonus, commission or other employment
benefits would have been due or paid. This is a
clear violation of Californias employment laws
and may entitle the fired worker to file a
wrongful termination lawsuit, but only if he/she
can present sufficient evidence that avoiding to
pay employment benefits was one of the reasons or
the primary reason for his or her employment
termination.
4HOW TO PROVE THAT IT WAS WRONGFUL TERMINATION?
- Best Los Angeles wrongful termination attorney at
the Kaufman Law Firm outline what types of
arguments and evidence can help build a strong
legal case to prove that your firing violated
Californias wrongful death laws - Before the firing, you were a high performer and
your performance reviews were good - You were terminated for a petty reason or no
reason at all - The employer did not comply with its disciplinary
termination procedures in place - You had not violated the companys policies or
engage in any illegal activities - You are not the first employee who have been
fired right before the commissions or bonuses
would have been due or paid and/or - Your employment was terminated right before the
commissions or bonuses would have been due or
paid.
5FOR CALIFORNIA COURTS, BONUSES ARE THE SAME AS
WAGES
Most workers in Los Angeles and all across
California do not know that Californian treat
courts bonuses and commissions earned by
employees as wages in employment law cases.
However, discretionary bonuses a form of
variable pay the requirements, timing and
announcement of which is not disclosed in advance
and used merely as an incentive and reward for
employees may not be treated as wages in
California.
6ARGUMENTS USED BY EMPLOYERS TO DEFEND THEMSELVES
IN SUCH CASES
- Argument that you were an at-fill employee. But
this defense cannot be mounted if your Los
Angeles wrongful termination attorney can prove
that you were fired for an illegal reason. - Argument that the companys bonus or commission
structure and procedures are subject to changes
at any time. While this may be true, it does not
change the fact that an employee is entitled to
all bonuses and commissions earned before any
changes come into effect.
7CONTACT THE KAUFMAN LAW FIRM
Contact the Kaufman Law Firm to discuss your
particular case today. Let attorneys find
sufficient evidence to prove that your firing
amounted to wrongful termination.
(818)-305-6457
(866)-278-2385
Call
https//www.harriskaufman.com/Contact.shtml/
11111 Santa Monica Blvd Suite 1840 Los Angeles,
CA 90025
4195 Thousand Oaks Blvd 250, Westlake Village,
CA 91362