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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100024
Experience:  Lawyer
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I have worked 1/2 years Toronto sales company that has been

Customer Question

I have worked for 11 1/2 years for a Toronto sales company that has been bought out and is now dissolving.All of the fulltime sales staff have been offered contracts with the new company.
I have earned 4 weeks of paid vacation of which remains intact,as I typically use it in the off season(Nov-March).I also earned a sales bonus annually.
My question is........I am creating my Resignation Letter and have a bad feeling that I will not be receiving my bonus or vacation payout from the present company!!!!
Suggestions as to how to ask OR what legally am I entitled to?
Thank you
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When you say the present company do you mean your former employer or your future employer?

Customer: replied 1 year ago.
I am still employed with the current employer until Nov 2nd.
Expert:  Debra replied 1 year ago.

Yes. But are you saying you don't think that that your present employer is going to give you the vacation pays for bonus or the new one who is taking over?

Customer: replied 1 year ago.
I am concerned that my present employer who may file for Bankruptcy will not payout my vacation or my bonus.I am required to file a letter of Resignation by Thursday Nov 29th.
Expert:  Debra replied 1 year ago.

First, if this is a corporation and the corporation declares bankruptcy your employer will still owe you this money personally.

You cannot be compelled to sign any resignation letter. In fact, are you actually resigning? Aren't you being dismissed because the business is closing down?

In any event tell them you are not going to sign anything until you get everything you are owed.

As well, unless the new employer is giving you all of your years of seniority in the employment contract your former employer owes you termination pay.

This is more complicated then you may have thought!

Your next step really should be to consult with an appointment with her face-to-face before you sign anything at all.

Do you see what I mean?

Expert:  Debra replied 1 year ago.

But let me know if you don't!

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