Irvine, CA asked in Business Law and Collections for California

Q: My employer was not paid by the customer for few months, so he is unable to pay my bonus. Can I get involved to get it?

My employer says he cannot pay my bonus unless he gets paid by the customer. Is there any way to get involved legally and get the money back from the customer?

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1 Lawyer Answer

A: As an employee, the customer does not owe you anything. Most employers have the means to collect unpaid debts from debtors, which involve suing on the debt. An employee to whom a bonus is owed by the employer must be kept away from the debtor, because you may have no idea of what defenses the debtor may have to collection of the debt.

So, the answer is no, you cannot get involved personally in the collection of the alleged debt, or you could make yourself and your employer responsible legally for any wrongdoing you commit in trying to collect the debt. There are laws which govern the conduct of debt collectors, and unless you know precisely what a debt collector can and cannot do to collect a debt, you could actually wind up creating a situation which could create liability for your own conduct, which will also be attributable to your employer, for any damages you cause in your efforts to collect the debt.

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