Kind of a rant, but also a small update, but also for sure a rant:
After my employer started harassing me to repay a (fucking sad) holiday bonus of $125 and another $40 bonus, I asked for advice on this sub and was directed to the Department of Labor. I immediately filled out an application with them and waited as it typically takes at least 15 business days to hear back. However, only about a couple of days into the wait, my HR sent me a slightly enraging message that said: “We need to have the amount that was given to you repaid. I have payroll soon so I can deduct it that way. But at the end of the day, you were not eligible to receive it.” That last part specifically had me tilting my head. I replied that I was awaiting further consultation and would discuss the “bonus discrepancy” as soon as possible. The next message HR sent REALLY had me tilting my head, “Consultation? Why? We aren't doing anything illegal. You received the wrong bonus and now you're paying it back.” I replied, “I never implied you were doing anything illegal. I am practicing my rights as an employee and just reassuring that both parties are protected. I understand the intricacies of these situations on both ends.” I still have yet to see what they replied. I'm scared. I hate to say it, but I'm scared. I didn't say anything to threaten them or anything else of the sort, but I still feel like I've fucked up or am going to fuck up.
Mind you, they are asking me to return TWO bonuses that I was already approved for by the owner. One was signed for on the same sheet that stated the amount of $125, and the second $40 card was handed to me without signature. As I've stated in my prior post, CA laws are strict on bonuses.
To quote: “Under California law, any bonuses and commissions that an employee receives from their employer are considered earned wages. The law clearly states that employers, for the most part, cannot withhold or deduct wages that the employee already earned.”
It's the “for the most part” that spooks me a little. I'm not sure if I fall under that category and it's definitely unnerving. I won't find out until I speak with my lawyer this week, but he says I have a potential case. I've never been through anything like this and the suspense is horrible. (Any advice on the nerves alone would be appreciated. But also, I need someone to scream at me to just open my damn inbox and see if HR replied.)
Sorry for the rant and if this is difficult/messy to follow. I didn't want to basically make a repost, so I tried to shorten the context to this as much as possible. I'm just hoping I'm not crazy and that I am doing the right thing here.
TL;DR
HR is trying to take back my teeny weeny bonuses, got passive-aggressive with me over text when I said I'd need to get consultation first, so I got a lawyer who said I have a potential case and now I'm big scared and HR is big mad 🙂