Anyone filed a claim under Employment Standards Act?
- Thread starter mmouse
- Start date
If the company is in financial trouble over an employee bonus things are probably about to go from bad to worse. Some creditors who act now will get paid. Other creditors who wait will be hung out to dry when they fold.
Why wouldn't he want to be one of the creditors that gets paid? Someone will be. Might as well be him.
Why wouldn't he want to be one of the creditors that gets paid? Someone will be. Might as well be him.
Or if the current economic situation has them strapped, didn't you say above? The OP's claiming his (and his fellow employees') contract was for a bonus based on revenue to be paid. Oral or written, a contract is a contract.tboy said:
What's missing in this tale is the reasonable action from a reasonable employer facing hard times, which would be to recognize the obligation, 'fess up to the difficulty meeting it, and ask for some accommodation from the employees. Absent something like that, sounds like a welcher and someone anyone would be well shut of to me. But perhaps qualified to run a Detroit car company into the ground.
"Don't promise what you can't deliver", my parents taught me. When it comes to their pay, people want more than just good intentions. And no employer pays in advance, based on a promise the work'll get done. The workers kept their side of the deal already. The employer must do the same now.
OJ: that post you quoted wasn't in regards to the OP, it was to the poster I quoted in that message.
Years. And, even if you are declared a winner, it is a bitch to collect. It was a good system about 10 to 15 years ago, when you were guaranteed your wages. Now, they take their sweet time to get you your money, and, in the case of my SO, they will not collect hefty parts of it that you are owed, especially when they go after the directors of the company.mmouse said:
I don't think I ever said the company is in trouble due to the bonus' but pressing this issue could be the straw that broke the camel's back. I know in one situation where I didn't receive my bonus as promised and the company was in financial trouble, they did last 4 or 5 more years (in which I was paid full salary). If I/we had sued over the bonus we most likely would have a) lost our jobs and b) the company closed sooner. As I constantly put forth to the unionists on this board: I'd rather work at a good rate, every day for 5 yrs (which totalled about $300K) than fight and win ONLY 5 or 6K in the short term. But that's just me I guess. Thinking $300K in my pocket is better than $5K.......fuji said:
'Course the wisdom of trusting that the guy who promised you the bonus and couldn't manage it, can actually keep the company going for five years is open to question. And even if he does, he still owes you that bonus.
Anyway, a bonus based on revenue's a lot like my income tax (and the OP's boss's, I'll bet): I better hang onto enough to pay it—if that isn't deducted at source—at the end of the year, no matter what my high expenses, low revenue and hard times. Not complicated. All you gotta do is remember, that money's spent, and no longer belongs to you. 'Cause the deal w/ the CCRA is: You pay what you owe. And—as in your example—CCRA's happy to keep me working and arrange terms, rather than jail me and get zip. But they don't forgive the debt just because I pay on time from here on.
My bet is if the boss had cried poor and asked for understanding from his employees, they might well have cut him slack and not rushed off to the authorities. But apparently he thought he could do what he wanted. When the employer put the bonus in the contract, it stopped being a matter he got to decide all alone. He owes what he owes.
If he's too dumb to put aside the promised percentage as it came in or to talk to his employees, his future's likely short.
Anyway, a bonus based on revenue's a lot like my income tax (and the OP's boss's, I'll bet): I better hang onto enough to pay it—if that isn't deducted at source—at the end of the year, no matter what my high expenses, low revenue and hard times. Not complicated. All you gotta do is remember, that money's spent, and no longer belongs to you. 'Cause the deal w/ the CCRA is: You pay what you owe. And—as in your example—CCRA's happy to keep me working and arrange terms, rather than jail me and get zip. But they don't forgive the debt just because I pay on time from here on.
My bet is if the boss had cried poor and asked for understanding from his employees, they might well have cut him slack and not rushed off to the authorities. But apparently he thought he could do what he wanted. When the employer put the bonus in the contract, it stopped being a matter he got to decide all alone. He owes what he owes.
If he's too dumb to put aside the promised percentage as it came in or to talk to his employees, his future's likely short.
This is completely untrue. Revenue Canada considers bonus payments as income so there is NO higher rate associated with a bonus per se. If it happens to move you into a higher tax bracket, well that's just life and your privilege to pay the higher rate but there is nothing sinister here at all. Bottom line there is no "hefty tax" on a bonus.tboy said:
