Re: Sinking company may not pay my bonus?

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On 7/07/08, E wrote:
> I'm a sales rep with a California start up that is gradually
> going under. I've earned a large bonus in Q2 (just ended),
> and am concerned they may not have the $ to pay me what is
> owed. I've tried to review the labor law code in
> California, but I'm no lawyer.
>
> The bonus isn't due to be paid for another week, but I'd
> like to know what my options are so I'm prepared for
anything.

what's your question: how to get blood from a turnip?

assuming they owe you (you've met all the conditions for
earning a bonus), you're entitled to the money. if you don't
get it, you can prosecute a wage claim (through a private
lawyer in court, or with the Labor Commissioner aka "DLSE").

this may result in you either getting the money, or a
settlement, or a judgment against a bankrupt company, or some
other outcome. still, even if they're bankrupt, wage claims
get "priority" in bankruptcy court, so you get to stand at
the front of the creditor's line if there are any assets to
pay debts. however, there's no guarantee that anyone will be
there to pay you anything.

on the other hand, if it's just a hoped-for-gift (e.g., a
discretionary bonus they said they'd hoped to give), good
luck in getting them to give it to you.

good luck, anyway.