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Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100943
Experience:  Lawyer
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My company has put me probation because I did not achieve my

Customer Question

My company has put me probation because I did not achieve my numbers. I was hired and left my other position believing that I would make up the loss of revenues through commission. The company omitted to tell me about a quality problem with the product I was to sell. This one product represented 60% of my sales. I grew my territory by 12% the first year, 55% the second and on the third year the problem had gotten so bad that I lost most of my clients and I lost 13% of my business. They mislead me and humiliated me in front of my colleagues. Can I sue them?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you asking about quitting and then suing them?

Customer: replied 1 year ago.
I am not sure how to proceed. If I quit do I still have rights to sue?
Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

The situation does sound like this may be a case of constructive dismissal.

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.

If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.

If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

I noticed that you replied back saying hello. I am not a computer generating a response. I am a senior practicing lawyer and can only type so fast. I hope you understand that.

Customer: replied 1 year ago.
Sorry I got impatient. What about the product being defective and and them not telling during the hiring process?
Expert:  Debra replied 1 year ago.

That is partly why you will be able to succeed in a constructive dismissal case in my view.