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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99984
Experience:  Lawyer
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I am writing today because I recently quit a management

Customer Question

I am writing today because I recently quit a management position for a Canadian owned company. I worked up until July 29th 2015. At this company, in my position, if my store meets or exceeds it's planned budget, I would get a bonus. The store made budget for the month of July (month end would have been august 1st 2015). I did not receive my bonus. When I asked my district manager why, her response was this:
"It took me a while to look into this but I have answer.
When you had asked earlier if you would get your bonus I said I thought so but wasn't sure and I'd see what could be done.
As it turns out bonuses do not ever get paid to employee not working for WH1 during the pay period at the time the bonus is paid out. So you were not eligible for July's bonus as your last day was July 31 (July 29 really)."
I'm wondering if that's actually legal because I worked for all of July and had the bonuses been paid out on August 7th (they weren't paid out until august 21), I would have received this bonus which I worked hard for and believe I rightfully deserve.
Also, this company will be paying me out my vacation pay on September 4th (well over 30 days after my last day) and I am being paid a percentage of what my salary was on my vacation pay. As well, being deducted from my vacation pay is group benefits. Since I am no longer working for the company and therefore no longer covered under their insurance plan, why is this being taken from me? I would argue it is the same as not receiving my bonus in that since I was not actually working during the period in which it is being deducted for, I should not be losing that money.
Please advise if i have a case and what actions I should take.
Thank you for your time,
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear of this difficult situation.

You are entitled to receive a bonus if you have already earned it and, based on your facts, you have.

As a first step you can contact the Employment Standards Branch and see if they will be able to help you get the money for your bonus. They will be able to help you get your vacation pay. If the branch does not agree that they can get the bonus for you then you should retain an employment lawyer who can send a letter to your former employer demanding the pay and threatening a lawsuit.