For many non-unionized employees in Ontario, being told that they won’t be receiving their deserved bonus can be a deeply disappointing and stressful experience.
In most cases, workers say nothing – believing that their employer ultimately gets to decide whether to provide one.
The reality is that taking away an individual’s bonus, in certain situations, could be a substantial change to the terms of their employment.
When major modifications are made to your job without your consent, there is a very good chance that you can treat it as a constructive dismissal. In this situation, the law allows you to resign and pursue full severance, which can be as much as 24 months’ pay.
READ MORE: Should you still get your bonus when you’re fired?
However, you shouldn’t quit your job until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.
Here are three things that non-unionized workers in Ontario need to do if their employer takes away their bonus.
1. Remain calm and professional
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After learning that you won’t be receiving your bonus, it can be very tempting to react in the heat of the moment. Several of my clients were so upset that they almost lashed out at their boss.
In this situation, remaining calm is key. Losing your temper or doing something to negatively affect the company could put your legal right to claim compensation at risk.
READ MORE: 5 things employees should never do before talking to an employment lawyer
Following the conversation with your employer about your bonus, continue to be professional and contact Samfiru Tumarkin LLP.
We can review your situation, assess your legal options and help you secure the compensation you are owed.
2. Review your employment contract
In Ontario, it’s not uncommon for companies to state in their employment contracts that all bonuses are “discretionary.”
However, if you receive a bonus every year, and it’s calculated in the same manner, then it’s very likely that it has become a term of your employment.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
If your boss takes away your bonus and claims that your employment contract gives the company the right to do so, seek legal counsel immediately.
My firm can determine if the agreement is legally enforceable and advise you of potential next steps if it isn’t.
3. Contact us
If you regularly receive a bonus, and your employer suddenly refuses to provide you with it, contact the experienced employment law team at Samfiru Tumarkin LLP.
We have helped tens of thousands of non-unionized employees in Ontario enforce their rights and obtain the compensation that they are legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of my clients, a product designer in Ottawa, got an email from her manager – informing her that she wouldn’t be receiving an annual bonus for the first time in nine years.
Shocked by the update, she asked her boss how it was possible for the company to do this. She was referred to her employment contract, which stated that all bonuses were discretionary.
Extremely tempted to lash out at her manager, the employee remained calm and professional. Following the conversation, she printed off a copy of the email exchange and contacted Samfiru Tumarkin LLP.
After reviewing the conversation, the worker’s employment contract and the value of the annual bonus, I informed her that she was well within her rights to pursue full severance pay through a constructive dismissal claim.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
Given the strength of the product designer’s case, I was able to quickly secure a comprehensive severance package for the employee.
Had your bonus taken away? Not sure if you’ve been constructively dismissed?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta and British Columbia. Get the advice you need — and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.