A bonus policy may state that employees who are eligible for bonuses must also be actively employed to receive their bonus payments. That is, employers may institute an “active employment clause”. Courts will uphold valid active employment clauses, as demonstrated by Bois v. MD Physician Services Inc., 2017 ONCA 857 (CanLII).
MD Physician Services Inc. (“MD Physician”) awarded Mark Bois bonuses under its Variable Incentive Plan (“VIP”) in 2009 and 2010. Bonuses are paid in three equal instalments in the three years following the calendar year in which MD Physician awarded the bonus.
Under the VIP, any employee who leaves, or gives notice to leave the organization on or before the bonus payout date was ineligible to receive a bonus payment. Mr. Bois and MD Physician signed a letter to this effect.
Mr. Bois resigned before MD Physician paid out the final instalment of the 2009 bonus and … Continue reading “Employee forfeits $115,000.00 in bonuses by resigning; active employment clause valid”
Phishing losses exceed $224,000.00 after insurer denies coverage
Not-for-profits need a plan to determine whether to take a stand or policy position
Not-for-profits should continuously assess current and emerging issues to determine whether to take a stand or policy position. Emerging issues may be strategically important to the organization and are often time-sensitive; the opportunity to take a stand on an issue may be fleeting because attention may soon be re-directed to something new. Not-for-profits will need ground rules or a framework for policy positions to effectively address emerging issues; the time to figure out a framework is not when the need arises.
Three key questions which you need to ask when taking policy positions are:
- Can the organization take a stand on the issue? As discussed in Not-for-Profit PolicyPro published by First Reference (in chapter NP 3.04 – Lobbying), a charitable organization must be careful not to jeopardize its charitable status by ensuring that it only participates in allowable political activities, and does not run afoul of lobbying legislation. Additionally,
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