My employer announced in may the bonus policies. it included profit and performance bonuses for the period of july

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Customer: My employer announced in may the bonus policies. it included profit and performance bonuses for the period of july 2020-june-2021. HR later announced the payment to be september 1st. Late July they announced financial troubles and have let go some employees, not me, but still they have not paid our performance bonuses nor announced when they plan to do so.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I have not been terminated
JA: Are you an "at will" employee? Do you belong to a union?
Customer: no and no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am still employed, may resign in the next couple of months.
Answered by Debra in 1 min 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Hello Debra, thanks for taking the time to look into this
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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I know your question is important to you and I will be giving it the time and attention it deserves.

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Debra, Expert

I am sorry to hear of this difficult situation.

What is your specific legal questi

Customer
Mostly can they deny paying a performance bonus after it has been officially announced?
I have the company policy, I am eligible (have my full performance report), and after all the mess I am planning on leaving. If they do not pay do I have legal ground to pursue this money?
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Debra, Expert

Yes, you certainly do have legal grounds to pursue this money because the money is owing to you. But what you should understand is what constructive dismissal is because you can likely quit and still sue them for termination pay.

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.
If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.
If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.
Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.
Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.
At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

Your best next step is to consult with an employment lawyer in your city and plan your accent.

Does that help?

Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

Customer
Thank you, ***** ***** to clarify, if I resign in the upcoming months, before they pay I can still claim constructive dismissal? FYI, I live and am employed in Quebec, just in case this chances things.
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Debra, Expert

It does make a difference. I didn't know you were in Quebec. The long Quebec is very different. You should speak to an employment lawyer in Quebec before you do anything further.

What you can do to find a lawyer is one of the following things.

You can review the law society's suggestions on how to find a lawyer. Depending on where you live you may be able to consult with a lawyer for $25 for the first half hour:

https://www.barreau.qc.ca/en/find-lawyer/

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Thank you very much!

Best wishes,

Debra

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