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Old 01-16-2015, 05:16 PM
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Default Business Law

Hi everyone,

Was wondering if there is a site like this one that deals with business law? -- or, can anyone direct me to a get resource with more information on wrongful dismissal, or a lawyer that can help me with my sales commissioned job?
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Old 01-16-2015, 05:31 PM
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What Province are you in? Presumably you are not union/covered by a collective agreement? 100% commission? Or Salary + commission?

It's Friday afternoon.... did you just get let go?

Read up on Just Cause.
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Old 01-16-2015, 05:44 PM
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Quote:
Originally Posted by arabian View Post
What Province are you in? Presumably you are not union/covered by a collective agreement? 100% commission? Or Salary + commission?

It's Friday afternoon.... did you just get let go?

Read up on Just Cause.

Ontario -- non union. It was a small family run business that is rapidly growing. Salary + commission.

I wasn't let go ( YET )-- I had a meeting in the morning- the two brand new managers blind slided me claiming a few things that are BS. I will know more Monday morning. BTW: I have been with this company for 9 years.. I was a very strong reason why the company is where they are today.

Just Cause??? where can I find this?
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Old 01-16-2015, 05:46 PM
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To Add:

I am trying to get my ducks in a row and I have a feeling I will need a lawyer. I really hope I do not lose my job as I love what I do
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Old 01-16-2015, 06:33 PM
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When you do your research also look up "poisoned atmosphere" which I believe applies to wrongful dismissal cases involving employer's right to letting you go for just cause and even if you were successful in your litigation they don't have to take you back because of the prevailing atmosphere in the work environment which may or may not be harmful for other employees or their clients.

Invariably these things are usually settled out of court because the employer has the right to fire whomever they wish. All comes down to what your entitlement is (kind of like spousal support LOL).

If you can handle the dark mark on your resume/employment history of getting canned fine. If not then you might want to simply slip into negotiations for a settlement for you to walk away. You can bet they will be getting some legal advice on best way to handle this. I was HR manager for years and I can tell you that you are fighting a losing battle (without knowing any of the details). If they don't like you they can get rid of you.

Also get up-to-speed on your Provincial and Federal employment standard rights.
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Old 01-16-2015, 07:57 PM
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Aikido, you aren't looking for a business lawyer, you are looking for an employment lawyer.

PM me your general location and if we are in relatively close regions, I can give you a few good referrals.

If they have made a decision to terminate you, you'll be offered a termination letter, a Release, and escorted to the door. Take your personal belongings and don't sign anything. They'll give you a limited time period in which to sign and return the Release in exchange for your ROE and final cheque - don't worry about the time period if it takes you longer to find a decent lawyer.

You don't have an employment contract, do you? In the meantime, read this article, which gives the basic concept of the current Ontario termination requirements, and the differences between the ESA and commonlaw (and with which with one of those two concepts, you could be negotiating a package):

http://www.sherrardkuzz.com/pdf/Psar...or_thought.pdf


Psarris, Betty: Citing Source: Sherrard Kuzz LLP - Employment and Labour Lawyers
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Old 01-16-2015, 08:46 PM
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Quote:
Originally Posted by mcdreamy View Post
Aikido, you aren't looking for a business lawyer, you are looking for an employment lawyer.

PM me your general location and if we are in relatively close regions, I can give you a few good referrals.

If they have made a decision to terminate you, you'll be offered a termination letter, a Release, and escorted to the door. Take your personal belongings and don't sign anything. They'll give you a limited time period in which to sign and return the Release in exchange for your ROE and final cheque - don't worry about the time period if it takes you longer to find a decent lawyer.

You don't have an employment contract, do you? In the meantime, read this article, which gives the basic concept of the current Ontario termination requirements, and the differences between the ESA and commonlaw (and with which with one of those two concepts, you could be negotiating a package):

http://www.sherrardkuzz.com/pdf/Psar...or_thought.pdf


Psarris, Betty: Citing Source: Sherrard Kuzz LLP - Employment and Labour Lawyers


THANK YOU THANK YOU-- I feel some what better... pm 'ing you
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