Company Requires Extra Training? OK, but It Must Pay : Also . . . Can I be fired for slamming my firm’s move in a trade journal? . . . How can I collect that bonus I believe I’m due?

Q: Are employers required by law to pay fees and/or time for required education?

A relative, a new registered nurse, recently started work in the obstetrics department of a hospital. To work labor and delivery, the nurse must be able to read fetal monitors. She has been told that she must attend a two-day class on fetal monitoring on her own time and must pay the associated fees herself. Also, she was required to attend a class on risk management for four hours prior to working a 12-hour night shift, with no compensation.

Historically, hospitals paid both fees and time for required education. They are under great pressure to control or reduce costs. The employees have borne the brunt of this in many ways, but this seems excessive and possibly illegal.

A: An employer must pay for the cost of education and training that is required for the employee to perform his or her job. An employer must also compensate a non-exempt employee for the time spent obtaining such education and training. Under California law, nurses are not exempt from the minimum wage and overtime laws, so a nurse required by her employer to attend job-related training is entitled to be paid for the cost of the training and for the time spent in training.

An employer is not legally obligated to pay for training that may be job related but is not required for the employee to keep his or her job. Examples include continuing education courses or training that an employee may receive in the hopes of obtaining a promotion or a different job.

--James J. McDonald Jr., Attorney, Fisher & Phillips, Labor law instructor, UC Irvine

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Q: Our company announced a consolidation of West Coast operations and relocation out of California. The consolidation was necessary. However, in my professional opinion(shared by nearly all but the ultimate decision makers), the relocation will be costly in terms of customer service in a very service-oriented and competitive market.

I and other professionals outside the company were quoted about this in a trade journal article. I am being threatened with termination and loss of any severance benefits for my “participation” in the article. I am not relocating but would not have been severed until the move takes place in 1996.

Are my state, federal and/or constitutional rights being infringed upon?

--R.B., Huntington Beach

A: Generally, an employer cannot discipline an employee who disagrees with the employer’s policies or actions. However, when an employee takes steps outside the normal statements of disagreement and attempts to use “public pressure,” the employee is not normally protected from discipline. By warning customers that increases will occur if the company moves, you appear to have used “public pressure” to try to prevent the move.

It’s the employer’s business, and while you may disagree with its conduct, you cannot act to interfere with the business. Your actions in this case may be considered interference.

Employees cannot make defamatory and untrue statements about the employer or other employees. Even if the information you gave to the reporter is true, you may have disclosed sensitive material that the company wished to remain secret. You would not be protected for disclosing such information.

--William H. Hackel III, Employment law attorney, Spray, Gould & Bowers

Written Policy Needed to Seek Unpaid Bonus

Q: About three years ago, I accepted a job with the understanding that the company’s incentive bonus plan was part of my compensation, with a target bonus of 15%. This was clearly stated in their offer letter to me. The plan has a detailed formula for payout based on company and individual performance.

The company’s performance and my performance were excellent, and I was paid the bonus for two years. I left the company four months ago at the end of the full financial year, but the company will not pay me the accrued bonus. The literature associated with the plan states that an employee must be employed for the full 12 months of the company’s financial year (I was) to be eligible for payout and that the payout is to be made within 90 days from the end of the financial year.

I gave several weeks’ notice and left for a new job after the end of the year. I got a beautiful crystal and plaque in recognition for my leadership and many kind words, but no bonus.

The brochure for the bonus plan states that the “official plan document” governs the administration of the plan. However, my letter and follow-up calls have only resulted in verbal comments that they don’t plan to pay me and they are still looking for the “official plan document.”

Do I go get a lawyer or is there a better way?

--D.B., Mission Viejo

A: Employers should comply with their promises. If you qualify for the incentive bonus plan according to the program, then you should be paid accordingly. The employer also is supposed to pay what they owe you upon termination.

The problem is that you do not have the “official plan document.” I suggest that before you file a lawsuit or go to lawyer, send another letter with a stronger threat of going to a lawyer unless the matter is resolved.

You might also consider asking some of your friends who are current employees of the company to obtain a copy of the document for you. The company may be more willing to cooperate with a current employee than a past employee. You can also speak directly to the administrator of the plan, if it is an outside party. You might get the official document easier that way.

If you still do not get results, consider either going to an attorney, who will then write a letter or file a lawsuit, or contact the California labor commissioner’s office, which will assist you.

--Don D. Sessions, Employee rights attorney, Mission Viejo

D o you have a question about an on-the-job situation? If so, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626 ; call (714) 966-7873 and leave a voice-mail message, or send e-mail to shoptalk@latimes.com. Questions of general interest will be answered in this column on Mondays.