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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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What can I do to collect unpaid fees for a period of 14 mo

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What can I do to collect unpaid fees for a period of 14 month?
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.


How much are you owed?
Customer: replied 3 years ago.


C$ 149,000 approx., plus severance pay at industry standard rate of 1 month per year of service for 13+ years.


 


To clarify:


 


I work as Sole administrator, Director General and project manager for a Mexican Company controlled by a BC company.


 


Fee payments are paid by the Canadian company.


 


According to Mexican Law I can not leave my position until I have been replaced even if I resign.


 


Further according to Mexican Law I am completely responsible and liable for all matters legal, financial and other.


 


I have a contract dated Jan. 2000 which has not been updated but fees etc. were updated by verbal negotiation.


 


 

Do you carry out the work in Mexico or in BC?
Customer: replied 3 years ago.


In Mexico since Jan 2000. I was paid in Mexico but my payment were transferred to be made by the Canadian Company.


 


The nature of the job is such that I have to have a Mexican residential visa i.e. FM3.

So that means you cannot use the Employment Standard Branch in BC to help you unfortunately.

I think the best thing you can so is have a lawyer in BC write the employer a letter threatening a lawsuit.

Even if the corporation goes bankruptcy the directors are personally liable for unpaid wages though not for severance pay.

So you may end up suing the corporation and/or the directors and once they hear that's the plan from a lawyer I suspect they will start to at least try and come to some agreement about a payment plan.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

Let me know if you need any further clarification.
Legal Ease and 3 other Canada Law Specialists are ready to help you
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!
Customer: replied 3 years ago.


No do not need more information , thank you.


 


 


F.H.

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