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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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Very straightforward question here.I worked under a contract

Customer Question

Very straightforward question here.
I worked under a contract since 2010. My company offered a new contract in October 2013, with lower commissions and a higher base pay. I declined the offer. In March 2014 I was terminated. He wrote that he was paying me under the terms of the October offer, rather than my actual terms.
Employment Standards said that his offer of a contract meant that I had 2 options: To reject and pursue constructive dismissal or accept the new terms. If I stayed working there, I accepted the new terms.
Problem is, he never once paid me under the terms of the offer. It had a higher base pay, I was never paid that once in the 5 months. It had lower commissions, he in fact paid me even different commissions than what the offer said. For example, the offer said 6% and he paid 5%, saying that's what other people got paid.
I am confused how I am held to a contract that he never once paid me by?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
When you declined the offer did all the terms of the old contract continue. So you were paid as usual?
Customer: replied 2 years ago.

Yes I was paid as usual for November, December, January, February. In March they suddenly said they were adjusting my pay after termination.

Expert:  Debra replied 2 years ago.
Sorry. I just realized who you are and you've rated me with the worst possible rating on the last post. On top of that your stats are exceedingly poor as you are not rating any experts so I am opting out. I am not willing to work with you.
Customer: replied 2 years ago.

Thank you. I had asked for a different "expert" from you multiple times. I have also rated other experts very highly. Again, I would ask for someone else.

Customer: replied 2 years ago.
Relist: Other.
This "expert" seems to be the only one on the site. I have asked for someone else multiple times as he never actually answers the question. I have rated others fairly.
Expert:  Debra replied 2 years ago.
Actually, I've just reviewed all your questions on this site. You've provided one positive rating only and it was for me. It was an "excellent service" rating.

I am not the only expert on the site but when your stats show 1/6 and when the experts review what answers you've received and notice that out of 5 questions before now that I was the only one who was paid and just once they are likely steering away from answering you.

No one wants to answer and then have each question just closed. You've received 4 answers where no one has been paid. It's not fair and no one wants to take a chance with you.

I did for a while but I am done now too.

You have to be fair on this site or you will find your questions sit.
Customer: replied 2 years ago.

Actually it was just you. I complained about your answers previously. I also asked other questions that were paid, contrary to what you suggest, both medical and employment. This can be validated by your admin team.

I would like you to be done, and have asked several times for anyone else. Yet you continue to answer.