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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96413
Experience:  Lawyer
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I have been working for the past 64 months as an assistant

Customer Question

I have been working for the past 64 months as an assistant sales manager with a compensation based on a base hourly wage and monthly bonus based on quota atteimnant. I just been giving notification that on January 1st I will have to continue to do what I am doing now, to compensate for my pay I will also have to now sale. My base pay will drop from $17 an hour to $14.45. The bonus pay will now start at 85% of quota
from 70% at a lower rate and I will have to produce the equivalent in sales as our top pruducers.
What do I do, I am 57 years old with years of experiences.
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

I am sorry to hear this.

The situation does sound like this may be a case of constructive dismissal.

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.

If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.

If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 month ago.
Do I have the right to refuse the new compensation plan?
Expert:  Legal Ease replied 1 month ago.

Yes you do.

But then you may be dismissed or have to quit and in both cases this would be wrongful dismissal if you are not given adequate termination pay.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

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