The one piece of data you didn't give us, and I think I know the reason why. When was the designated bonus paydate.In April 2019 we have received a Global bonus policy document mentioning that the: bonus will be paid to only employees that are regularly employed on the bonus payday and that employees must not be on notice or garden leave to be entitled to a bonus payment on the bonus payday.
We were not required to sign this Global bonus policy.
On the 17th January 2020 I had a meeting with my manager and he announced me my entitled amount for my 2019 bonus.
I gave my resignation on the 20th January 2020.
This basically means your received money that didn't belong to you. If I sent you money by mistake or based on some wrong assumption this does not make you the owner of this money.smooth5185 wrote: ↑Tue, 10 Mar 2020 8:36 amBut also it doesn't mention anything about repayment of the bonus in the Global bonus policy, it says that the bonus should only be paid to employees that are regularly employed but I doesn't say that the employee has to repay the bonus if it has been paid during his notice period.
OP did get the money but it seems he was on notice at the time.bgd wrote: ↑Tue, 10 Mar 2020 11:45 amThis has come up where I work. What happens if an employee resigns after bonus declaration but before receipt? The advice was why risk it, wait until it's in your account and then resign.
And it does seem that the employer specifically allows for such a scenario here
bonus will be paid to only employees that are regularly employed on the bonus payday and that employees must not be on notice or garden leave to be entitled to a bonus payment on the bonus payday.
You've got some conflicting dates here. I suggest you seek legal advice. Unfortunately I think you have resigned too early (you should have waited til Feb 1 by my reading but you may be able to argue around it based on all the confusing dates.... (underlined). Also as the bonus is for performance in arrears then you may have another argument in your favor.smooth5185 wrote: ↑Tue, 10 Mar 2020 8:36 amHi Both, thanks for the quick reply!
Regarding the bonus paydate here the info:
In one email sent in October 2019 it says that the 2019 bonus pay out will be done on January 2020 payroll. The paydate of the payroll being the 20th of January 2020and you resigned the same day instead of the day after.
In one email sent in November 2019 it says that the 2019 bonus will be paid on the 31st January 2020which is 11 days AFTER your resignation.
In the Global bonus policy it says that 2019 Bonuses are being paid in the March 2020 payroll.did you not notice this at the time of resigning?
But also it doesn't mention anything about repayment of the bonus in the Global bonus policy, it says that the bonus should only be paid to employees that are regularly employedi.e. not on notice but I doesn't say that the employee has to repay the bonus if it has been paid during his notice period.
Thanks,
Sebastien
But, according to what you have told us, it is only payable if the employee is a regularly employee (not on notice or garden leave) on the bonus paydate. If the Bonus paydate is a global paydate and the codicil stipulated the status of the employee at the time of the payout (even if it is movable as long as it's global and the date was communicated before you submitted your resignation - November 2019) the company is still within guidelines.smooth5185 wrote: ↑Tue, 10 Mar 2020 8:45 amThe bonus is based on past year performance: 50% Company performance and 50 % Employee’s performance.
Would that work? The employer doesn't have to agree to allow him to retract as it was willingly tendered and willing accepted. Has to be agreeable to both sides. Knowing what kind of employee they are dealing with, I can't see the employer agreeing to it. Not being facetious here, but curious.
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