If you have worked hard and hit your annual targets, you have earned that bonus and should not hesitate to ask for it, even if you are resigning.
THE QUESTION I work in a sales role and I receive a bonus if I hit my annual targets. I plan to resign from my job a month before year-end, when the bonuses are paid out, to start a role at a new company. If I’ve already reached my sales target, am I still entitled to receive my bonus even if I don’t stick around for year-end?When an employee resigns, in British Columbia, they are entitled under the Employment Standards Act to be paid all of the wages they earned before the resignation date.
Determining when your bonus was ‘earned’ and when it should be ‘paid’ requires a review of your employment contract and bonus plan, as well as the history of bonus payments between you and your employer. If your employer is refusing to pay, you should make sure to note the deadlines to file an employment standards complaint and a civil claim.
Case law has shown that you are likely to be awarded your bonus upon resignation if your bonus was provided regularly and at predictable amounts, if it’s an integral part of your compensation and if it was based on targets that were set and reached.