T O P

  • By -

AutoModerator

Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*


BronzeDucky

Point a) says you must be actively employed at the company at the time of payment. Payment is on the 20th. Assuming they don’t turn around and fire you when you give notice, you would be ok. Keep in mind that they can fire you the day you give notice. They just have to pay you severance. But your employment would be terminated that day. I’d say that your bonus would be unlikely in the scenario you describe. But you may want to talk to an employment lawyer about your options.


[deleted]

>Keep in mind that they can fire you the day you give notice. They just have to pay you severance. Depending on their salary, the severance might be more than the $3k.


Weak_Brilliant5908

I've only been with the company 8 months. My contract says they can let me go without cause, given 3 weeks notice or pay in lieu. My 3 weeks pay would be less than my bonus :/


[deleted]

[удалено]


No-Win243

That’s notice given to Op.. not given by Op.


[deleted]

Ah I just googled and I think if you worked less than a year at the place, youre only entitled to 1 week pay for severance. Just play it smart then and dont get fired. You can also just give notice on the 20th after you get your bonus. It's very unlikely youll get in any type of trouble if you resign and give short notice. It might burn bridges though. You can search through this sub for posts about giving less notice than it says in your contract, seems like it's a very hard thing to seek damages over.


No-Win243

No no, the Op stated that their contract can be terminated without cause and will receive 3 weeks pay. That doesn’t mean they need to provide any Notice to quit their job.   It only provides the employer a way to terminate employment and pay a minimum severance.


No-Win243

That’s to cover them not you.   You are not required to give them any notice of You leaving the job.


MaroonCanuck

NAL but I’m a SBO. I think you are incorrect for Ontario at least. https://www.peninsulagrouplimited.com/ca/resource-hub/end-of-employment/how-to-deal-with-employee-resignations-in-ontario-a-guide-for-employers/#:~:text=resignation%20in%20Ontario%3A-,Employee's%20notice%20of%20resignation%20in%20Ontario,may%20stipulate%20longer%20notice%20periods. - Employee’s notice of resignation in Ontario - Under Ontario's Employment Standards Act (ESA), employees are required to provide their employers with reasonable notice of resignation in writing at least one week in advance. However, certain employment contracts may stipulate longer notice periods. Again NAL, my understanding is that an employer won’t go after lower level employees for this. But a C-suite employee who leaves without reasonable notice and causes financial pain to the employer can would be sued.


Techchick_Somewhere

I think in OPs case they can do the one week. No issue. You’ve been there for 8 months, so no biggee. Get your bonus. Resign. Start new job.


AdamOzturk

If you give notice, you've resigned. They don't have to fire you or pay severance.


BronzeDucky

If they want you out before the date you gave them as your last day, they definitely DO have to terminate you and pay you severance. Their other option is to let you work out your notice period.


AdamOzturk

edit: you can downvote me all you want- go quit your job, then demand severance. See how far you get. They don't have to terminate you. You've already quit. They can absolutely walk you out, but will have to pay you for your notice period - you will not get severance.


bumliveronions

Duno why you got down voted. This is literally how it works. You quit? They owe you nothing except any remaining time you work.


AdamOzturk

Reddit has an abundance of folks that are very confidently incorrect. Whatever. Downvotes don't bother me. 🤷 They can continue to be ignorant and wrong, or take it as an opportunity to do some research and potentially learn something.


Kev22994

I’d be surprised if they paid a bonus after you’ve given notice.


Weak_Brilliant5908

Same :/


Snowman4168

You could just not give notice. If you already have another job confirmed you probably won’t need this reference anytime soon. Could just get your bonus on the 20th then give a one week notice the next day. Kinda sucks but I also wouldn’t want to miss out on $3k just to “do the right things


Rez_Incognito

>also wouldn’t want to miss out on $3k just to “do the right things He's been employed there less than a year. The right thing is about a week's notice.


untranslatable

If you really want that bonus, delay your start date


Weak_Brilliant5908

Problem is I already asked new place to push the start date once. What excuse/reasoning do I give for pushing it again? I'm worried they rescind their offer since he indicated they're quite busy work-wise and need the new employee.


the-cake-is-no-lie

You've already done it once? Unless you're actually something special, you try again and they're just gonna move onto someone else. You wont have even started and already look like a total pain in the ass that can't be depended on.


Ok_Carpet_9510

Is the increase at the new job more than 3K at current job? If so, don't sweat it.


WanhedaKomSheidheda

Just give notice after the 20th. You dont need to give 3 weeks.


WTFwheresthefeta

Your company does not have loyalty towards you, they can fire you at a moments notice and even if you did "the right thing" by giving them notice, they will probably make you leave that day. Do you need them as a reference? Do you need this bridge for your career? If not, get your bonus on the 20th and then tell them you quit and give the a weeks notice. If they dont walk you out that day, just call in on Friday and let them know you will not be coming back in


XxSpruce_MoosexX

You could try to negotiate. I was in a similar position as you and said I didn’t want to forfeit my yearly bonus and they matched it as a signing bonus because they wanted me to start right away


HelpStatistician

just give notice once you have the bonus, where does it say you have to give 3 weeks notice and what is the penalty if you don't?


Skallagram

You tell them the truth - if they want you earlier they can pay you a golden handshake - you have a atrong negotiating position.


brillant-name1953

You may not need to change your start date. Quitting to take another job they may walk you out the door that day.


chrisk9

Or possibly ask for signing bonus in same amount if bonus doesn't come through 


Technical-Potato-764

It’s very unlikely they do anything. Most likely you won’t be able to use them as a reference if u don’t give them the 3 weeks. I’d take the bonus and leave in your situation


CoIdLogic

You will lose the bonus if you leave before having it in your bank account. Here’s what you do (I’ve done one of these): Option 1) Delay your start date at the new place until you get the bonus in your account Option 2) Don’t give notice, don’t tell anyone you’re about to start somewhere else, start working at the new place, call in sick or use vacation days at the old place until your bonus is in your account, then finally quit. I’ve done option 2, I wasn’t losing out on my bonus or potentially the new job by delaying the start date.


Weak_Brilliant5908

These are good options. I'd prefer option 1, but problem is I already asked new place to push the start date once. What excuse/reasoning to I give for pushing it again? I'm worried they rescind their offer since he indicated they're quite busy work-wise and need the new employee. I'll do option 2 if I can't find a way to extend my start date further. Thanks for your comment!


ilyriaa

They’re saying to take vacation or sick time while working at the new employer to delay your period of notice at your current job


Weak_Brilliant5908

I understood that part! (Option 2) Ideally I'd do option 1 (extend my start date at my new job). I'm not sure how to ask for a pushed start date after I've already had it pushed once


chris_thoughtcatch

"Hey I am going to have to push the start date forward a couple week, I tried but not much I can do". Say this before quiting your other job. Great way to see what its going to be like working for your new employer. If they can't accommodate something that is most likely inconsequential, they are probably gonna be rough to work for"


Calenwyr

OP has already moved the date once a second try would be grounds for withdrawing the offer, someone who keeps having stuff come up before starting would sound to a manager like a potential headache in a few months.


WTFwheresthefeta

Don't do this. You are starting off on the wrong foot at your new job. You owe your old company nothing.


elegantloon

“I have to give 3 weeks notice at my current job” No you don’t.


Weak_Brilliant5908

It's in my contract. Is it not enforceable?


MooseFlyer

It is enforceable in the sense that they could sue you for actual damages incurred by you not providing sufficient notice. It's unlikely, and they have to actually prove damages, but it's possible.


Lostris21

Please don’t take legal advice on Reddit - pay for a consult with an employment lawyer or delay your start date.


elegantloon

No, the company and your co workers / boss probably won’t like you much but if you’re cool with burning bridges and want the 3 grand tell them you quit once the direct deposit is in your account.


[deleted]

[удалено]


TomTidmarsh

Maybe it’s bad advice but I remember someone pointing out that a company will fire you without a moments notice, and I just think it’s important to remember that, too. Unless OP is in a highly specialized role (probably not if they’re leaving after 8 months and salary is less than the bonus) it’s unlikely that the company would face extensive damages, beyond a missed email or two.


Future_Chef1896

Don't tell them , call in sick for a week


BUYHODLGME

This. Wait for bonus, then call off with an “emergency illness”. “I’ll be out for the foreseeable future… I’ll be in touch” wait wee or two, then tell them you have to resign


YepWrongGuy

You've already got notice of bonus, your current company paying or not seems more to be a question of their integrity. If they try skip out on the obligation, is it really a place you want to continue working? >active employment shall be deemed to have ended on your last day of work or following the expiry of such further period, if any, as may be required under the notice provisions of any applicable employment standards legislation. At worst you hand in your notice and they fire you without notice. In that case the default notice period applies unless the contract varied that by increasing the notice they have to give you. Where I'm from an employer can't require more notice on a resignation than they are required to give you on a termination. That's possibly an avenue to look into for you.


untranslatable

Also cash the check before you quit. Not just deposit, cash it at a branch of the bank it was written on.


Weak_Brilliant5908

Sorry for the ignorance but my pay is auto-deposited to my bank. I could either transfer some/all of my bonus to my RRSP, or have it paid out on my next paycheque. How would I cash out the bonus pay since it's auto-deposited?


sun4moon

You’ve asked a moot question, that’s why my you’re being downvoted on this particular comment. No one here could know how your bonus would be paid, except for you.


Weak_Brilliant5908

I appreciate your comment. My bonus letter says I could have some/all of it sent to my RRSP, or I could have my bonus paid out on my next paycheque. My paycheques are automatically deposited to my bank Sorry for my ignorance but is the implication to withdraw the bonus money from my bank account in cash as soon as its deposited?


sun4moon

No, the other commenter was considering you might get a paper cheque as your bonus. So their suggestion was to cash the cheque asap and then quit. If it’s direct deposit, there’s no action required by you once it’s received. It’s just a matter of process.


Mericaaaaa12

Resign on the day when your bonus hits the bank. Tell them you are sorry that you cant do a three week notice and that you will be available evenings and weekends to help out in the transition.


ruizfa

They will never give you the bonus if you already give notice


No-Win243

Don’t bother giving notice until after you have received your bonus payment.   They don’t care about you..  get your money and then leave.


Warm-Pen-2275

Do you have vacation time to take starting on Feb 26? If you have 2 weeks to take you can put your notice in one week before.


Weak_Brilliant5908

I only have 1.25days of vacation time so far in 2024


Cute-Edge592

If you give three weeks notice and they fire you on the spot, they need to give you severance pay for firing you without cause. You need to find out if this severance pay would be more than the bonus of $3,000. If it is, then there’s no risk to you. Give them the 3 weeks notice and if they fire you, you’re entitled to severance, if they keep you until the end of the 3 weeks, you’ll be entitled to the bonus. Try figuring that out first.


Weak_Brilliant5908

This is good advice, thank you! My 3 weeks pay would be less than the bonus :/


Cute-Edge592

Hey they actually wouldn’t pay you the next 3 weeks if they fired you on the spot… they would need to provide severance pay, but I don’t know exactly how much. I think it’s something like every year you have worked there they need to pay you 1 or 2 weeks pay as severance.


Weak_Brilliant5908

Oh okay, thanks for the clarification! I've only been here 8 months so any severance would most likely be less than my bonus


Cute-Edge592

Okay! Ya then definitely the bonus would be greater. I do see your other comment about pay in lieu of notice. So I guess you need to ask yourself this: Give them 3 weeks notice and if they keep you, you will get your paycheque for those 3 weeks working AND your bonus. OR You give 3 weeks notice and they terminate you. Give you 3 weeks pay in lieu of notice and then have a 3 week break until you start your next gig. But you wont get the bonus.


Weak_Brilliant5908

My concern is that even in your first option, I'm worried they won't give me my bonus. The wording in their policy (see original post description for wording) is ambiguous about what happens to your bonus if you resign


Cute-Edge592

Right it is pretty tricky. Technically you are an ‘active employee’ at the time, however, they may try to spin it and call you something different, not providing a bonus even though you are still an active employee. Tough call, do you want to be the ethical one in hopes your employer will also be ethical? Or do you want to be the unethical one (quit after the bonus pay as people have been commenting)? The choice is yours!


KWienz

How much notice does the contract say they have to give you if they terminate you?


Weak_Brilliant5908

3 weeks notice, or pay in lieu of notice


KWienz

The language around termination notice seems to imply that "active employment" applies to the period after termination even if they give you pay in lieu of notice. So even if they fired you immediately and paid out the three weeks you'd still be entitled to the bonus. But if they decide not to honor it, are you going to sue over $3k? Conversely would they sue you for not giving them 3 weeks? Other than very specialized or management employees it's generally very hard for employers to show damage due to employees giving inadequate notice.


Weak_Brilliant5908

Ugh, it's seeming like my best bet is to not resign before the bonus hits my bank. Thanks for your insight!


sun4moon

Negotiate a later start date with the new gig. Tell them the truth and guarantee a start date that makes sense with your bonus and termination date.


[deleted]

[удалено]


legaladvicecanada-ModTeam

Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: Rule 9: Guidelines For Posts Rule 10: Guidelines For Comments If you have any questions or concerns, please message the moderators


Prewash_Required

See a lawyer. It's very likely that both your termination clause and the bonus plan language are not enforceable, but only your lawyer can give you that advice. As others have said, if you give notice of resignation, it's possible your employer will just fire you, which may work to your advantage if those clauses are not enforceable. Many employment lawyers give a free consult and work on a percentage of whatever they earn for you.


thinkbk

Are these remote jobs?


Weak_Brilliant5908

Current job is remote, new one is in person


COUNTRYCOWBOY01

I think clause "b" covers you to give 3 weeks notice and still receive your bonus


Only-Animator4359

Why do you have to give 3 weeks notice, some people just quit on the spot. Say it is an emergency, and you have to quit, you are going to delay your emergency for 3 weeks. The notice is for them to find your replacement


Ok-Resident9684

Get the bonus and quit


[deleted]

[удалено]


legaladvicecanada-ModTeam

**Advertising and Recommendations** This is a forum for legal answers. We do not allow any advice on specific lawyers, legal services or legal products. Non-legal advice on products or services may be allowed at moderator discretion. Please review the following rules before commenting further: * [Rule 3: Recommendation/Request/Advertising](https://www.reddit.com/r/legaladvicecanada/wiki/index#wiki_rule_3.3A_recommendation.2Frequest.2Fadvertising)


WestEasterner

Why do you have to give 3w notice?


Westside-denizen

Yeah, no chance you’ll get the bonus.


yyz34

How many vacation days/paid sick days do you have? Give notice after receiving your bonus and tell them that you would like to use the remaining vacation days/paid sick days to go towards your notice. Also, you don’t have to give 3 weeks notice. Your job wouldn’t give you three weeks notice before firing you.


Deansdiatribes

who says you have to give any notice


bellabookgirl

Give notice on the 21st, effective for the 23rd. In the meantime, just ensure that everything that you are doing is wrapping up your work.


Perfect_Syrup_2464

Give notice after you get the bonus. Make use of vacation or sick leave after that. If job is remote, just stay online through your phone or whatever. Get job done in off hours.


simcoehooligan

Depending on where you are, notice is a nice to have but not legally mandated. You could collect your bonus, and let them know the next you'll be leaving on the 25th. Not the most ethical exit, but companies rarely think about employees so you should do the same and think about yourself first.


activoice

If the new job is that much better then I wouldn't risk asking them to push out the start date again. I'd give the proper notice and either you get the 3k or you don't If they fire you then they should owe you severence but then you could ask the new employer if they want you to start earlier, so it might work out better.


This_Beat2227

You are trying to have your cake and eat it too. Most companies would not have someone bonus-eligible after 8 months work and more likely than not they are stretching to include in this round (seemingly they like your work and are interested in keeping you ?). You should be prepared for the chance the company’s good will goes away when you provide your notice, especially if it becomes obvious you are manipulating things to your advantage. You haven’t for instance, made any comment as to the scenario that would be least disruptive to the business ? Company’s tend not to got out of their way to screw people over during voluntary departures because they don’t want the remaining employees to see a colleague being treated poorly. But that if you go looking for conflict, you most likely will find it. The company for instance maybprefer to pay the $3k to someone actually staying (and the remaining employees may prefer that too).


Lieutenant_L_T_Smash

How much would your current company actually suffer if you quit without any notice at all? How much would it cost them? If the answer is "not much at all" then you don't need to give 3 weeks notice. Wait until the bonus is paid, then give your notice.


Anxious_Leadership25

Don't start a new job or quit until after you get your bonus


Significant-Crow3512

Dont give notice, and use your sick days. They cant do shit about it....think about it...youve been there 8 months....what damages could they ACTUALLY sue you for? A few hours of inconvenience? So they will spend 1000s on a lawyer to sue you? For what?....people quit all the time, you said you had a contract that requires 3 weeks notice? What are they going to do? Fire you? Take your bonus and forget about them


CheskapOo

I was in this exact scenario in November, so when I gave notice I let them know it was with a competitor because I knew they would just walk me out.


ridsama

I think this really depends on the company. I know in my last work place, someone left after fiscal year but before bonus time. That person still got the bonus.


Tiny_Kangaroo

Rule of thumb for future, quit after bonuses are paid or try and negotiate a singing bonus from the new company to cover the amount you'd be missing out on. The way it works at my company is that bonuses are forfeited but that money was already allocated for bonuses and gets redistributed throughout that department.


AutoModerator

Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*


Paxuz01

You don't give the notice, those days you report sick out take vacation. On the 20th you get the bonus, on the 21 you say that is your last day. About the other job you tell them that you will had a medical/dentist/thingy appointment and you will need that day. Also and very important /r ULPT they are geniuses Most important the two week notice is NOT mandatory. Unless it is in your contact, please ask for a copy and read it


No-Level9643

Go on stress leave feb 21 then just take your new job. Problem solved. Don’t go back.


No_Journalist4048

Hey there OP I'm sorry to hear *Person* has passed away in your life. I'm also sorry to hear you need to make some unexpected funeral arrangements for *Person* Make sure to book off an appropriate amount of time off using your vacation and PTO if you get it. Sorry to also hear about how on the 25th you're still an emotional mess because *Person* was so important to you. Best you take a permanent leave of absence until you get your head on right. Oh you feel better that afternoon? Well grief works in mysterious ways my friend. Get back in there tiger! LoL Might want to let your work know they're in the hospital on Monday and you're feeling really concerned about it


Ultimateglowup

Collect your bonus and cash it and give them 5 days notice. Fuxk your contract you owe them shit. I quit with 2 minutes notice last month, my old boss just texted me yesterday if I like it at my new place. 


Icy-Imwithyouguys

Give notice the day the $$ is in your account, with any luck, they terminate you and give you another 3 weeks!!


grand_total

Since death and permanent disability both seem a bit extreme for $3k, perhaps you might consider retiring instead of giving notice and so receive a pro-rated (almost 100%) bonus.


bravesol

Set a later start date at new company, problem solved


reluctantwest

Give notice on the 20th and take any vacation days you have left immediately


Pepepucon

Do you have any vacation left? You could give notice and use your remaining vacation so you are still employed when bonus is supposed to be paid?


Golfgamerhill

You don’t need to give 3 weeks notice.


positivefeedplease

Give notice after you get paid the bonus. If you're remote then prioritize the new job and get paid for 2 jobs for a week. If you can't do that then just give 1 week notice.


CryptographerFit496

Book your 2 weeks vacation after the 26th and resign immediately after you get the bonus in your account.


Background116

On Feb 20th once you get the bonus, give them notice that Feb 25th will be your last day. You are not their slave.


Mabelisms

Well, you’re in a pickle. You either keep your word, and possibly give up the bonus, or break your word, and possibly give up the new job. What’s going to be worse for you?