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I AM A COMMISSION SALES REP FOR A COMPANY FOR 25YEARS. I SALES…

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I AM A COMMISSION SALES...
I AM A COMMISSION SALES REP FOR A COMPANY FOR 25YEARS. I SALES FOOD PRODUCT TO THE SAME CUSTOMERS FOR THE PAST 20 YEARS. OVER THE YEARS I HAVE ACCULATED LOTS OF CUSTOMERS AND MY SALARY HAS BEEN INCREASING ACCORDINGLY. I HAVE MET ALL THE INCREASES OVER THE YEARS FOR A BUDGET INCREASES BY THE COMPANY. NOW THEY TAKE ME OFF SOME CUSTOMERS FROM ME AND BY THE SAME TIME DECREASES MY SALARY BY 35,000.00 PER YEAR. IS THERE A LAW IN CANADA THAT PROTECT ME FROM THIS PROCEDURE. MY EXPENSES WILL BE THE SAME TO COVER THE RSET OF MY CUSTOMER.

THANK YOU
RAY
Submitted: 8 years ago.Category: Canada Law
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Answered in 25 minutes by:
6/17/2010
Lawyer: Yossarian (user name), Lawyer replied 8 years ago
Yossarian (user name)
Category: Canada Law
Satisfied Customers: 957
Experience: Lawyer
Verified

What province are you in?

 

Are you paid as an independent contractor or an employee?

 

Do you have an employment contract?

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Customer reply replied 8 years ago

IAM FROM ONTARIO

 

 

PAID AS EMPLOYEE

 

NO EMPLOYMENT CONTRACT

 

 

Lawyer: Yossarian (user name), Lawyer replied 8 years ago

You may be in position to sue for constructive dismissal but in the long run it is possible that you could be better off accepting the reduced customer list. No one is guaranteed is guaranteed a job for life. Essentially, in a constructive dismissal case you would be arguing that your employment has, in effect, terminated your employment by reducing your salary. If your employment was terminated without cause, you would be entitled to notice and possibly severance pay. The common law remedies for wrongful dismissal\constructive dismissal provide more compensation than the statutory minimum under the Employment Standards Act.

 

You would need an employment law lawyer to act on your behalf to negotiate a settlement , or possibly sue. Factoring in the potential delay and the lawyer's costs, makes me wonder if you might be better off continuing to work with less pay until you are laid off.

 

You should review this matter with an employment law lawyer. The Law Society of Upper Canada's Lawyer Referral Service(NNN) NNN-NNNN5000) can provide you with names of local employment law lawyers.

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