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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100057
Experience:  Lawyer
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I started in a position on April 16, 2012 on a contract for

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I started in a position on April 16, 2012 on a contract for one year. In February 2013 they offered me full-time employment backdated to January 2013. I have been offered a new position with a new employer starting on July 10.

We received an email from our President indicating we would receive a bonus payment on July 15. I have been waiting to resign in order to confirm the amount of my bonus in a letter we are to receive from HR. I have not yet received this personalized letter yet I must resign tomorrow to ensure 5 business days. Am I at risk of not receiving my bonus? I did work the entire first two quarters as required to secure my bonus. Are their any other options? thank you.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

As you know, you are requited to provide one week's notice if you are resigning.

If you have no choice but to resign before the 10th you are in a bind.

You are entitled to the bonus as you've earned it.

But you are correct in being concerned and it is would by far better if you had the amount in print.

There is really no way you can force them to give this to you and no way to avoid the notice requirement unless you can put off working for your new employer by a few days?

I am sorry you are in such a bind.
Customer: replied 4 years ago.
One week is considered 5 working days correct? Are there any options around including vacation time
as part of my notice period?
You cannot use vacation time to take the place of a notice provision.

The Act says one week and not 5 business days.
Debra and other Canada Law Specialists are ready to help you

Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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