Retention Bonus / Leaving

Soldato
Joined
10 Mar 2003
Posts
6,790
Hi,

A bit of a strange one.

When I moved roles a few months ago I was offered a retention bonus. The wording goes like this: A retention bonus of £x will be paid upon the successful implementation of Project Z, not before September 2016.

Project Z goes live in a week or so and I have turned down roles because of it. The way I read it was that the payment will be made in September and not that I had to be there until September. I'm actually leaving in July.

How does it read to you guys?



M.
 
You want to be paid a retention bonus after you leave?

I think the key word here is 'retention' - if you leave before it is due to be paid then you're probably not going to get it - that is the purpose of the incentive no?

I mean otherwise would they not simply pay it upon completion of the project?
 
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LOL :)
If you want the money stay until it is paid. Even it wasn't labelled a retention bonus, in my experience bonuses often have some clause about not being payable to people who have left or have given notice to leave.
 
Clearly the wording means that your retention bonus will be paid on delivery of the project or by September, whichever is later.
 
It'll get paid in September and if you leave before then you won't get it.

Standard practice. We have no resignations in our company between October and January as reviews take place in October but policy says any bonus owed as a result is paid in January.
 
It reads that if you hand in your notice before you have received the retention bonus, then you don't get the retention bonus.
 
Just because that project goes live in a week doesn't mean the project will be finished - they may have some smaller pieces to complete after the main go live. If money is good then stay, if not leave
 
The fact you haven't thought in your mind - if I stay til Sept I'm going to be quids in with xxx bonus suggests that its not a decent sum of money. If its just a couple/few hundred pounds but you are looking elsewhere I'd move to a better job / salary than wait for that
 
The bonus doesn't sound discretionary though. The idea of the bonus sounds like it is to ensure the employee stays until project completion.

If it is enough, worth talking to a lawyer?
 
no one has said it is discretionary, just that they don't think he'll get paid a retention bonus if he's already left before it is supposed to be paid

maybe it is worth talking to a lawyer and getting them to review it properly/establish if the project being completed is sufficient to expect payment of it even after leaving the company - I'd suspect that would be an unusual situation though.
 
no one has said it is discretionary, just that they don't think he'll get paid a retention bonus if he's already left before it is supposed to be paid

maybe it is worth talking to a lawyer and getting them to review it properly/establish if the project being completed is sufficient to expect payment of it even after leaving the company - I'd suspect that would be an unusual situation though.

Most employers put clauses in saying you must be employed and not working under notice as of the payment date.

To me this sounds like a guaranteed bonus to be paid on completion of project, but payment won't happen before September 2016. Nothing mentioned about your employment situation.
 
Most employers put clauses in saying you must be employed and not working under notice as of the payment date.

To me this sounds like a guaranteed bonus to be paid on completion of project, but payment won't happen before September 2016. Nothing mentioned about your employment situation.

but he's not posted his employment contract so you don't know that there isn't a general clause regarding bonuses in there, he's posted one line re: when payment would be made for this particular bonus and he's referred to it as a retention bonus which certainly suggests that it won't be paid if he leaves

if it was just for the completion of the project then the additional condition of not being paid until September wouldn't be spurious
 
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