Am I entitled to my bonus if I lose my job in British Columbia?

When a non-unionized employee in British Columbia is let go or fired, they are entitled to any bonus they earned, along with all of their pay and wages.

What is included in wages?

In Canada, wages include all aspects of compensation, including bonuses and commission.

Wages do not include tips, discretionary bonuses, or allowances.

It is well established that non-discretionary bonuses are considered wages. The key to whether a bonus is considered wages is whether it is tied to an employee’s productivity.

What is included in my final paycheck?

Even if an employee resigns, their final paycheque should include all wages earned, overtime earned, accrued statutory holiday pay, unpaid vacation pay, bonuses, and commissions.

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When should I get my final paycheck?

When a B.C. employer has to pay an employee’s final wages depends on whether an employee has quit or was fired.

Where an employee has resigned, the employer will have to pay the employee’s final pay within six days.

Where an employee has been terminated, an employer must pay the employee their final pay within 48 hours of the termination.

An employee who has been let go without cause in British Columbia will also be owed severance.

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Whether or not an employee who has been terminated will be entitled to a bonus or other incentive payments during the notice period will depend on many factors, including their employment contract or any specific company policy governing an incentive program.

For example, if a policy states that a bonus is entirely discretionary, this would likely not be included in the termination pay owed to an employee.

Similarly, a policy may state that an employee needs to be actively working at the company in order for the bonus to be payable.

Lost your job? We can help

If you’ve lost your job and are unsure what compensation your employer owes you, speak to an experienced employment lawyer at Samfiru Tumarkin LLP to find out.

Our teams in Ontario, Alberta and B.C. stand ready to assist you.