Will I get my bonus?

[Mitsu3000gt]

I'm wondering if anyone has experience with this situation.

Long story short, I was offered a job too good to refuse and am going to be quitting my current job soon. Here's where it gets tricky. We were just told what our bonuses will be, and they will be paid on May 31. I am starting at my other job on June 4th, and my current employer does not know of my plan yet. I have to give FOUR weeks notice to quit, so the latest I can serve notice is May 4. This means that my bonus is scheduled to be paid within the last few days of my pending leave/notice period.

Do you think I will still get my bonus? Or will they tell me to go fuck myself? haha. Unfortunately, starting a little later with the new employer is almost for sure not an option, but I am going to ask about it. My employment contract has a bunch of jargon that basically says they can literally do whatever they want, so I'm not optimistic :( . It's for my work performed "thus far", and a massive amount of overtime (although it isn't OT pay) so I kind of feel like I'm entitled to it, but something tells me I'm not going to get it.

[dj_rice]

I'd say no. Wait it out if you can depending on how much your bonus is.

[Unknown303]

Nope it's gone. Plus you were planning on leaving so were you really expecting them to give you a little extra something as you walked out the door? Sounds like you found something better elsewhere so just accept it and move along.

[Mitsu3000gt]

Yeah I'm going to see if I can start a month later at the new job, but it's unlikely. I wasn't expecting to get it really, I was just hoping there was a way I could make it work, or if by some miracle they had to pay it to me still, but it really doesn't sound like it.

[kvg]

I wouldn't bank on it, but if it happens it's just a bonus. No puns intended.

[HiTempguy1]

Originally posted by Mitsu3000gt
I have to give FOUR weeks notice to quit

Just speaking in generalities here, no you don't.

I personally would suggest, in this situation, quitting after you are paid your bonus (I hope we are talking $10k here and not something piddly like $2k). Is quitting this employer with no notice really going to affect your future job prospects? Probably not.

Put it into perspective; most companies would screw you in a heartbeat if they had to or if it would save them money. There is nothing to be gained by playing nice with them unless they can cause trouble down the road. And due to labour laws, it's extremely difficult for a former employer to disclose ANY information about you besides if you worked there. how long, etc.

[Hallowed_point]

Originally posted by HiTempguy1


Just speaking in generalities here, no you don't.

I personally would suggest, in this situation, quitting after you are paid your bonus (I hope we are talking $10k here and not something piddly like $2k). Is quitting this employer with no notice really going to affect your future job prospects? Probably not.

Put it into perspective; most companies would screw you in a heartbeat if they had to or if it would save them money. There is nothing to be gained by playing nice with them unless they can cause trouble down the road. And due to labour laws, it's extremely difficult for a former employer to disclose ANY information about you besides if you worked there. how long, etc.

Take the money and run!! :thumbsup: x2

[redblack]

Stay until you get your bonus on the 31st, then go in the next day and get fired somehow :dunno:

[OriginalGoods]

I say try a way of getting fired and report back with either a video. Or something sweet !

[Type_S1]

Would this employers reference matter at all in the future? If not just wait for the bonus and then go quit....fk em.

[triplep]

just curious, why do you say you HAVE to give 4 weeks notice?

I was under the impression that

0 - 3 months was no requirement to give notice if you quit
3 months - 2 years was just 1 week notice
>2 years then 2 weeks?

Just curious why you HAVE to give 4 weeks?

[jsn]

:werd: I've heard of giving 2 weeks notice, but I've never heard of any requirements to give 4.

[Rat Fink]

.

[xolemonteaox]

Check with HR, I had the same thing happen to me. My last day with the company was Dec. 30, 2011, but my year-end bonus wasn't going to be paid until the end of Jan. 2012. HR told me that I have to still be an employee in order to receive the bonus; otherwise, they are considering you forfeiting the bonus.

Since your bonus will be paid out by May 31 and you are still considered an employee at that time, I believe you are still entitled to the bonus. I ended up talking to my superior as well as the big boss and they had HR pay out my bonus. :thumbsup:

Good Luck.

[Pacman]

I've been through this before.

In my case, the bonus was supposed to be paid out on a certain date, I resigned giving 3 weeks notice with my last day being 5 days past the bonus payout date. I mentioned in my letter that I was giving an extra weeks notice so it would give them more time to fill the position.

The company delayed the bonus payout (for the entire company, not just me) due to an error on their part. Of course, the company rules were you had to be employed with the company to receive the bonus.

I had 2 emails that were sent out to the sales force. The first one indicating the bonus payout date, and the 2nd one indicating that due to the accounting groups mistake, the bonus was going to be delayed by 3 weeks.

VP of sales refused to approve the bonus, as I wasn't employed at the time of payout.

I sent a letter to the legal department with a copy of both emails that I had saved, and indicated if I wasn't paid, I would pursue legal action. They folded immediately and paid the bonus.

Do you have it in writing that the bonus is due to be paid on May 31st?

If so, I wonder what would happen in court with you giving 4 weeks notice in good faith, and they change the bonus payout date after they have announced it.

I'm sure some of the lawyers in here can give you proper advice on this.

[bourge73]

How much of a bonus are you thinking you will get? How important is it to you, leaving said company on good terms?

[e31]

My situation was kinda different since it was only for a Christmas bonus. I really liked the employer I was formerly with, but I was tired of the job. So when an exciting offer was given by another company I negotiated my expected bonus into a signing bonus.

It was only $2500 but I figure that's the cost of poaching employees.

[CMW403]

Originally posted by e31
My situation was kinda different since it was only for a Christmas bonus. I really liked the employer I was formerly with, but I was tired of the job. So when an exciting offer was given by another company I negotiated my expected bonus into a signing bonus.

It was only $2500 but I figure that's the cost of poaching employees.

:werd: That's exactly what I was going to suggest.

[Mitsu3000gt]

Thanks for all the feedback guys, I was actually quite surprised to hear some success stories.

Anyways, to try and answer people's questions:

- The bonus is enough that I really want it, but it won't be the end of the world if I don't get it.

- I need to maintain relationships, so all the jerk moves are out of the question. I have colleagues working with me that helped me get my current job, and I will likely need a reference in the future from them. I really genuinely like everyone that I work with, and me leaving without notice will have them working until 10pm every night until they find a replacement and train them.

- I have already signed at the new job, but I will ask about a signing bonus, or possibly starting a month later (although it might not be possible to start later).

- 4 (four) weeks notice is in my employment contract which I signed when I got hired, so I don't know how written in stone that stuff is, but I would like to follow it if at all possible to avoid burning any bridges.

I totally get what you guys mean how they would show me the door with no remorse if they wanted me gone, but at the same time I don't want to burn any bridges as I will be dealing with these people even at my new job on a daily basis.

I can't really ask HR anything until I've already given my notice, so I can't ask the employer any questions until the first week of May. I might try negotiate a signing bonus at the new company though, that's a good idea. It isn't a ridiculous amount but it's significant, at least to me.

[Spoons]

Wait till you get your bonus, go into work and give your 4 weeks (really it should be 2) and say you are leaving to go to a competitor. Most companies will walk you out if you are going to a competitor.

[Mitsu3000gt]

Originally posted by Spoons
Wait till you get your bonus, go into work and give your 4 weeks (really it should be 2) and say you are leaving to go to a competitor. Most companies will walk you out if you are going to a competitor.

In different circumstances that would work I think, but in this case, everyone knows everyone, and the company I'm going to currently deals with the company I'm leaving, and everyone is friends. Also the company I'm going to isn't a competitor, and there is a non-compete clause in my contract.

[BrknFngrs]

I'd contact labour standards and determine if there is any weight to the 4 weeks notice in your contract.

I agree that you should avoid burning any bridges but if you find out that the 4 weeks notice isn't binding, you may be able to frame your discussion with HR so they realize that you're informed on the topic and you providing 4 weeks notice is a good faith gesture and in return you expect your bonus (which was for past service anyway)

[blitz]

You don't ask for a signing bonus after you sign on, you explain the situation and have it incorporated into your letter of offer.

I think you're screwed.

[Go4Long]

I would give your notice and let it fall where it does...if you've got a good relationship with the company they might do the nice thing and give it to you.

Likely not, but if it's as close knit as you describe you never know. In my opinion as a manager bonuses are based on the previous years performance, so I would hope it was paid to you. But business sometimes overrules being a nice guy.

[D'z Nutz]

Originally posted by Mitsu3000gt
- I need to maintain relationships, so all the jerk moves are out of the question.

Give them your old (damaged) wine cooler as a parting gift :rofl:

[HiTempguy1]

Originally posted by Mitsu3000gt

I totally get what you guys mean how they would show me the door with no remorse if they wanted me gone, but at the same time I don't want to burn any bridges as I will be dealing with these people even at my new job on a daily basis.

So, it's ok if they screw you out of a bonus (as others have said, likely) but it's not ok if you break a contract that realistically has no legal legs to stand on? What are they going to do, take you to small claims court about you quitting early?

I also don't understand that if you are quitting at a certain time, what does you giving your notice solve? Sounds to me like they'll still be working until 10 at night...

Edit-
And finally, if these people are your friends, they should understand why you did what you did.

[interlude]

Originally posted by Mitsu3000gt
I'm wondering if anyone has experience with this situation.

Long story short, I was offered a job too good to refuse and am going to be quitting my current job soon. Here's where it gets tricky. We were just told what our bonuses will be, and they will be paid on May 31. I am starting at my other job on June 4th, and my current employer does not know of my plan yet. I have to give FOUR weeks notice to quit, so the latest I can serve notice is May 4. This means that my bonus is scheduled to be paid within the last few days of my pending leave/notice period.

Do you think I will still get my bonus? Or will they tell me to go fuck myself? haha. Unfortunately, starting a little later with the new employer is almost for sure not an option, but I am going to ask about it. My employment contract has a bunch of jargon that basically says they can literally do whatever they want, so I'm not optimistic :( . It's for my work performed "thus far", and a massive amount of overtime (although it isn't OT pay) so I kind of feel like I'm entitled to it, but something tells me I'm not going to get it.


How badly does the new employer want you with them? A buddy of mine recently left a position to join another company, he told them about the bonus he is going to get. The new employer ended up giving him a signing bonus plus some perks to make up for the bonus.

Maybe you can work something out with the new employer.

[Spoons]

Originally posted by Mitsu3000gt


In different circumstances that would work I think, but in this case, everyone knows everyone, and the company I'm going to currently deals with the company I'm leaving, and everyone is friends. Also the company I'm going to isn't a competitor, and there is a non-compete clause in my contract.

You are still going to be working with your old company. Any bridges you may burn are going to directly retaliate in your new workplace.

Maybe sit down with your boss. Explain to him that you are going to another company that directly deals with the one you are at now as it is a better opportunity, no hard feelings, and that you will continue to benefit your current company via the new one. Ask him that timing is bad with this, but you feel that you were a honest and hard working employee, and that the bonus is usually a nice vacation or the likes for your family/yourself. Ask if you could still receive the bonus out of good will with all said above.

If your current boss isn't a complete douche, I can't see why he'd have a problem with that.

[clem24]

So... If you say you quit and tell them your last day is June 1st, you are technically still an employee as at May 31st. I don't see why you wouldn't get your bonus, unless they do a douchebag move by delaying the payout to a later date. But unlikely to do that since that would just piss off the rest of the company, just to fuck over 1 guy.

Someone said it already - talk to your new employer. If they don't budge, then just hand in your resignation, with the expectation that you won't get the bonus, but hope for the best. A few years from now, you won't even remember this ever happened.

[CD007]

Most companies will screw you, they know that most people won't get legally involved and they will gmble on that.
I say quit after you get the bonus and let them deal with that.

[Tomaz]

I would rather be let go with severance! Try sleeping with the bosses daughter, or show up to work wearing nothing but a tie. Might be worth the coin? :dunno:

[e31]

Non-Compete clauses are a joke and not worth the paper they are printed on. Any decent lawyer will have them thrown out easily. The only reason they create them is to scare normal folks into believing the company has them by the balls.

[SJW]

Just don't resign. Start your other job and just wait until the paycheques just stop at the first company.

[anarchy]

Originally posted by Mitsu3000gt


In different circumstances that would work I think, but in this case, everyone knows everyone, and the company I'm going to currently deals with the company I'm leaving, and everyone is friends. Also the company I'm going to isn't a competitor, and there is a non-compete clause in my contract.

If this is the case, you'd want to be careful not to burn your bridges. The bonus might not be worth it affecting your career down the road.

[clem24]

Originally posted by SJW
Just don't resign. Start your other job and just wait until the paycheques just stop at the first company.

Hahaha a buddy of mine did this. Except he was moving overseas for work. Didn't bother resigning, just stopped showing up for work one day and left the country.

[Mitsu3000gt]

Thanks guys, I think the plan will be as follows:

1) Talk to my future boss (He's actually a friend of mine as well, and my mentor since summer student days) and explain my situation. If something can be done, I'm sure he will try and help me out. I have already signed though, because when I signed I was under the impression bonuses at my current company were being paid out a month earlier than they are.

2) On May 4 (latest possible day) sit down with my current boss, explain my situation, and ask about my bonus. He's not the most reasonable man on earth, but we'll see how it goes. My only fear is asking him about it might remind him I'm getting a bonus, and then if he is upset I'm leaving, he might try to get the bonus taken away. Bonuses are handled by HR in a different country as far as I know, so there is a chance of it slipping under the radar and me still getting paid, however that's a bit of a gamble.

I will still be an employee on the day the bonus is paid, and my performance expectations from the company aren't any different, so I would hope they will still pay me. The company is so big I can't see them delaying the bonus payout on my behalf.

I'll definitely report back and let you all know how it goes.

[95teetee]

Originally posted by Rat Fink
Most employment contracts are bullshit as far as the 4 weeks to quit. I quit a place that was like that and in the end I only gave 1 week notice as the government employment standards trumped the bullshit they wrote up. They even said I couldn't work for a competitor and I was told straight up by the gov't that they can't deny your ability to work. Myself and a former coworker ended up cutting out the middle man who was my employer at the time and we worked directly for the company we were being contracted out to. It was a pretty hilarious move. He threatened to sue but he didn't even have a pot to piss in.

Look into it, because I have a feeling that 4 weeks isn't set in stone. wow.
That sounds exactly like the situation I just ended- contract said 4 weeks notice, couldn't go work for anyone else in the industry (windows and doors), etc.
I knew the contract was crap so I gave him the one weeks notice that the Alberta labour laws require (I'd worked there for about 6 years, but he had only owned the company for about 15 months).
I was changing job type anyways, but I sure wouldn't have hesitated to accept the same type of work had I wanted too.

[bitteeinbit]

Originally posted by Type_S1
Would this employers reference matter at all in the future? If not just wait for the bonus and then go quit....fk em.
This. If you've worked a long time and what them in your CV (and as a reference), then take the high road and accept that you'll lose the money. But if it's like a 10k bonus and you don't need the reference, fuck em.

[Mitsu3000gt]

Well I got an e-mail today from "epost" saying I received a deposit, and it isn't payroll, so it looks like I got my bonus.

I ended up keeping my mouth shut and just working my ass off, so whether that had anything to do with it I'll never know, but it all worked out!

Thanks again for all the replies!

[GQBalla]

yay!!

[~Leah~]

That's sweet, congrats! And good luck at your new job!

[HiTempguy1]

Moral of the story? Don't deal with your Problems and they'll resolve themselves :rofl: