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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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I have a basic consulting agreement marketing and general

Customer Question

I have a basic consulting agreement for sales marketing and general strategic direction of the company
I had a heart attack and Im recovering fine and will be able to work in two weeks
The company stop paying me the company as soon as I went into the hospital
The agreement is for 9 years 4 of which I have a monthly amount of 11000.00
I have a trailer commision on sales from year 5 -10 of 1.5% on total sales
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

I'm sorry to hear of your difficult situation. Your I'm not able to see a question in your post.

What specifically would you like to know?

Customer: replied 2 years ago.
What compensation or payment situation would or should be expected moving forward
Expert:  Debra replied 2 years ago.

Are you saying they are terminating the contract?

And if so what does the contract say about early termination without just cause?

Are you saying they are doing this because you had a heart attack?

Customer: replied 2 years ago.
Because I had a heart attack no clause in financial agreement dealing with me becoming sick or anything else
Very loose written contract with no extra detail except the financial obligations
Expert:  Debra replied 2 years ago.

Let me make sure I understand. You have a 9 year contract and have worked for 4 of them. There is no provision in the contract for early termination and you are being terminated because you were off work for 2 weeks as you were recovering from a heart attack. Is that essentially the correct summary?

Customer: replied 2 years ago.
except I worked for 1 year to july 2015
Expert:  Debra replied 2 years ago.

Are you certain that this was a fixed nine year contract that could not be terminated early?

Customer: replied 2 years ago.
Expert:  Debra replied 2 years ago.

Then you have a very strong case.

The contract cannot be terminated so you are entitled to the full 8 years pay. They cannot say you breached the contract when you are able to come back to work in just two weeks. So they cannot argue that the contract was frustrated stating you could not comply with its terms.

For this reason you should take the contract and consult with an experienced lawyer at once who can send the company letter threatening a lawsuit for considerable damages.