Chandler, AZ asked in Employment Law and Workers' Compensation for Arizona

Q: Does my employer need to pay me a profit share after I left the company?

My employer promised my salary is $16 per hour plus 10% of net profits. However, my employment was terminated last week

I left this company was because I was exposed to someone with covid and I told my boss that I was not going to work just to keep everyone safe, then he said I abandoned my duties as a store manager. As a result, I only received the hourly wage. The reason that he did not pay me a profit share was because I helped a person cheat on a test. He said he has evidence to support a history of unethical management decisions. So does he still need to pay me a profit share since it’s a part of salary?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II

A: In most circumstances, the payment of an employee's compensation cannot be dependent on the employer's satisfaction with job performance, you either earn it or not. However, bonuses are different. So this depends on whether your compensation of 10% is part of salary or a bonus. You should consult with a local Employee rights attorney particularly given your discussion of potential malfeasance by you while a manager. While your employer may have the right to terminate you as an "at will" employee, at any time, without a reason, what you have described may certainly qualify as "good cause." for termination; but not for withholding your pay.

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