I work at large printing firm as a sales rep. I have had the…

Thank you for your reply.

The actions of your employer may well constitute constructive dismissal. Constructive dismissal is a change in the nature of your implied contract of employment that is so significant that it constitutes a fundamental breach - effectively, it means that you can no longer be expected to fulfill your obligations as an employee and have a right to pay in lieu of notice as a result of the termination of the contract by your employer.

In terms of the amount of pay in lieu of notice that you would be entitled to, that is somewhat debatable. The amount of that pay is calculated based upon your age, years of service, other similar employment being available, among other factors. If your old company was purchased by the new employer, you may well be entitled to pay in lieu of notice including the period you worked for the other company. The rule of thumb is one month's pay per year of service, although it may be closer to 3 weeks in your case. Your average monthly income would need to be calculated based upon your commissions. Your age will also be a consideration that would raise your entitlement.

If your employer will not change their position on this you do have the option of considering a constructive dismissal claim.

You should be seeking the advice of an employment lawyer one-on-one so that all of the circumstances of your case can be discussed in detail. You can contact your provincial Lawyer Referral Service for the names of employment lawyers who will provide an initial consultation free of charge or for a nominal fee.

I trust that answers your questions. If you require further clarification I would be pleased to provide it.