Can my employer take away my holiday bonus?

In Canada, employers aren’t legally obligated to provide non-unionized workers with a holiday bonus.

Instead of giving staff a monetary gift or some time off, companies may throw a holiday office party to show their appreciation for all of their hard work throughout the year.

If your employment contract states that you’re entitled to a holiday bonus each year, then your employer must provide you with the compensation you’re owed.

LEARN MORE
• Bonuses and severance pay: Your rights
• Employment Law Show: 5 key facts about employment contracts

WATCH: Employment lawyer Lior Samfiru breaks down everything employees need to know about bonus payments on an episode of the Employment Law Show.

My boss refuses to give me the holiday bonus I’m entitled to, what should I do?

If your employer is contractually obligated to provide you with a holiday bonus, and they don’t, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your employment contract, enforce your workplace rights, and help you secure the money you are entitled to.

• SEE ALSO: How to calculate severance pay in Canada

Even if your employment contract doesn’t specifically mention a holiday bonus, there are some situations where you could be owed additional compensation around the holidays.

Example

A woman works for a manufacturing company in Calgary.

While her employment contract doesn’t mention a holiday bonus, she has received $2,000 every year for the last five years during the holidays.

A few days before she would usually receive her $2,000, her employer informed her that she wouldn’t this year.

Following the conversation, she explained her situation to an employment lawyer. The lawyer helped her argue that this discretionary bonus had become a term of her employment.

As a result, the company agreed to keep paying her $2,000 around the holidays.

Can my employer punish me if I ask for a holiday bonus?

Employers in Canada shouldn’t punish or threaten to punish non-unionized workers for requesting a holiday bonus.

If you face any kind of retaliation (i.e. unwanted changes to your job or a workplace suspension) after asking for the bonus you’re entitled to, reach out to our firm.

We can determine if you were the victim of a workplace reprisal and whether you have grounds for a constructive dismissal claim.

ADDITIONAL RESOURCES
• What Albertans need to know about workplace reprisals
• Workplace reprisals in B.C.: Employee rights
• Reprisals at work in Ontario: Know your rights

I’m being pressured to quit after asking for my holiday bonus, what should I do?

No matter how upset your employer is that you asked for the holiday bonus you’re entitled to, the company can’t pressure or force you to resign.

If your boss is influencing you to step down, document their attempts. Keep any letters, emails, or text messages that show how your employer is pressuring you to quit your job.

• SEE ALSO: Can my employer force me to resign in Alberta?

Once you’ve gathered all of the relevant documents, don’t resign before seeking legal counsel. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced employment lawyer at Samfiru Tumarkin LLP as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Can you rescind a resignation in Ontario?
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do

Can I be fired if I ask for a holiday bonus?

The short answer is yes. Non-unionized employees in Canada can be fired for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Alberta, B.C., or Ontario, our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.