Employment Law

Retention Bonus in Canada: What Employees Need to Know Before Accepting One

Employment documents and an unopened envelope on a conference table, representing a retention bonus agreement during workplace restructuring.

If your employer is going through layoffs, restructuring, or a sale, you may be offered a retention bonus to stay on temporarily. At first glance, it can sound like free money.

But in Canada, accepting a retention bonus can have real legal consequences — especially when it comes to severance pay, termination rights, and signing a release.

This guide explains what a retention bonus is, how it works in Canada, and what employees should understand before saying yes.


What Is a Retention Bonus?

A retention bonus is a payment an employer offers to encourage an employee to stay with the company for a specific period of time.

It is most commonly offered during:

  • Mass layoffs
  • Corporate restructuring
  • Mergers or acquisitions
  • Insolvency or wind-downs
  • Executive or key employee departures

The goal is simple: keep critical staff in place long enough to transition the business.

👉 Read our general resource on how bonuses work in Canada.

Why Do Employers Offer Retention Bonuses?

Retention bonuses are not about rewarding loyalty — they are risk-management tools for employers.

Companies use them to:

  • Maintain operations during uncertainty
  • Prevent key employees from leaving early
  • Protect client relationships and internal knowledge
  • Ensure cooperation through a sale or shutdown
💡 Once the retention period ends, employment often ends too.

How Do Retention Bonuses Work in Canada?

There is no standard retention bonus structure. Each employer sets its own terms, which are usually outlined in a written agreement.

Common features include:

  • A fixed payment (or staged payments)
  • A required “stay until” date
  • Conditions tied to performance or cooperation
  • Repayment clauses if you leave early
  • A release of legal claims (sometimes hidden in the fine print)
💡 Importantly, a retention bonus is not severance pay.

Is a Retention Bonus Taxable?

Yes.
In Canada, retention bonuses are typically treated as employment income, meaning:

  • Income tax applies
  • CPP and EI deductions may apply
  • The net amount may be significantly less than expected

This matters when comparing a bonus to potential severance entitlements.


Does Accepting a Retention Bonus Affect Severance Pay?

A bonus included in severance can — and often does — impact compensation.

Depending on how the agreement is written, accepting a retention bonus may:

  • Reduce future severance entitlements
  • Be used to offset severance later
  • Limit your ability to claim constructive dismissal
  • Signal acceptance of changed employment terms
⚠️ Some employers intentionally structure retention bonuses to cap or eliminate severance exposure.

Do Retention Bonuses Require Signing a Release?

Very often, yes.

Many retention bonus agreements include language requiring you to:

  • Waive legal claims
  • Release the employer from future liability
  • Accept the bonus as full or partial compensation
⚠️ Once signed, these releases are extremely difficult to undo — even if the severance offered later is unfair.

Retention Bonus vs Severance Pay: What’s the Difference?

Retention Bonus

  • Paid to keep you working
  • Conditional on staying
  • Often temporary
  • May include a release
  • Fully taxable as income

Severance Pay

  • Paid after employment ends
  • Based on age, role, length of service
  • Intended to compensate for job loss
  • Can’t be replaced by a bonus without agreement
  • Often far more valuable
💡 In many cases, proper severance is worth significantly more than a retention bonus.

Should You Accept a Retention Bonus?

There is no one-size-fits-all answer.

Before accepting, you should understand:

  • What rights you are giving up
  • Whether the bonus replaces or reduces severance
  • Whether you are being asked to sign a release
  • What happens if your role changes or ends early
⚠️ A short legal review can often identify whether a retention bonus is reasonable — or a costly mistake.

Speak With an Employment Lawyer Before You Sign

Retention bonuses are frequently presented as “standard” or “time-sensitive.” In reality, they are negotiable — and their impact is often understated.

If you’ve been offered a retention bonus:

  • Don’t assume it’s in your best interest
  • Don’t rely on HR explanations alone
  • Don’t sign anything without understanding the consequences
➡️ Getting expert advice from an employment lawyer at Samfiru Tumarkin LLP before you sign can protect your severance rights and prevent expensive surprises later.

Offered a Retention Bonus? Read This Before You Agree

Retention bonuses often come with conditions, repayment clauses, or legal releases that can affect your severance and future rights. Once you sign, your leverage may be gone.

Get Advice Before I Sign

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

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