My question involves labor and employment law for the state of: California
Hi,
I am new here and really need some advice regarding my bonus payout. I was employed for 3 years with a software consulting company and my salary was paid as 85% of my billing rate. In order to establish a stable income for bank loan, we decided to pay my salary as Base Salary and remaining as bonus. We did not execute a written contract but the contract was verbal and employer kept their verbal promise by paying my salary as 85% of my billing rate for 3 years. During the last six months, my employer did not pay additional bonus on the excuse of not having sufficient funds. I voluntarily resigned 2 weeks back, assuming that I will get paid my additional bonus when my employer has funds. Now my employer claims that the bonus was discretionary and they will not pay the bonus since I am no longer employed with them.
The bonus is a significant amount and in truth, it is really my salary and I am very upset with the behavior of my employer. I should have insisted on a written contract but in absence of a written contract, what should I do?
Can the payments made in the last 3 years considered as evidence for a assumed contract? Should I file a complaint with Dept of Labor or Should I consult a attorney specializing in employment law? are there any chances of me getting my unpaid salary?
Thanks in advance, hope someone will help me figure out the next steps
Joy

