Q: can they with hold a christmas bonus if your on workmans comp
A: An employer is not permitted to treat a worker differently just because she requested Workers Comp benefits, so no. NOTE: if the 'bonus' is based on wages for work and you did not work this year, you were off work being paid Temporary Total Disability indemnity by the insurer all year, there would be no bonus due. CHECK YOUR HANDBOOK or with Human Resources... on what process does the Christmas bonus come? Hours on the job? Length of employment? A personal preference of the owner? if all received a Christmas bonus based on the length they have been with the company and you did not receive one, your attorney needs to demand it be paid now and then file a Petition for Increase in Benefits for violation of Labor Code 132a if it is not paid. (but it the bonus is not due because you didn't put in enough hours, then you are just not due a bonus this year, sorry.)
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