My brother got fired from his job today, because he asked about his commission since he's on a commission based job, the manager and him worked everything out yesterday, they had a heated argument BUT no foul language was used and everyone said sorry, and today the vice - president tell his manager to "fire him" even though the manager said everything was ok? What a fuck'n cocksucker, is there someway to fight this for my brother, because I feel he did nothing wrong expect ask for his commission which was due to him! And who would he contact?
Wrongful Termination!
- Thread starter scott231
- Start date
It would depend on if the sale the commission was payable on was final.scott231 said:
For example;
A siding salesperson sells Granny a siding job. Her child discovers the contract laying on the table and dashes off a registered letter cancelling the work. The siding salesperson isn't due any commission.
or
An electronics salesperson sells a Plasma TV to John Q Public Jr. John Q Public Sr looks at his bill and goes down to Jr's room to find the TV. There isn't one because Jr sold it at the mall entrance to Sally Whatadeal. John Q Public Sr challenges the bill and the credit company charges back the purchase. The electronics salesperson isn't due any commission.
There is always a period of time between the sale and when the commission becomes payable so that the company can be sure the sale is final.
He was "fired" for no reason though, he was owed commision and they figured it out! the Vice - President heard about this and forced the manager to fire my bro, even though the manager said everything is ok, my brother said his manager was in tears when he had to let him go. It's wrongful termination, the only thing were wondering about is the Labour Board a good bet to go or the Courts? and ideas.
Sounds like there is more to this story. I've never heard of a good salesman being fired because he rightfully earned a commission. Haymakers get respect if they do it right. Sounds like something else is going on here. Sorry, if your bro pisses people off or something, there's usually a real reason why someone gets terminated, and you need to understand what that is if you have a basis for recompense.
Put it to you this way, the employees that worked with him today signed a petition saying it was bullshit he got canned, and the main manager of the company called him tonight to let him know that he was going to call the V/P tommarrow and try to rehire him! So obviously the V/P is in the wrong and is an asshole who seems he's on a power trip, and my brother has never once had a problem there, and has made that company a ton of money, and this is their payback for over 3 years of service?
I'm sorry to read your brother lost his job, especially at Christmas time. But Scott I think he will be better off because if the boss doesn't want anyone poking their nose around and asking question about what they are owed in pay then to me that's a company not to work for. Here's hoping he gets a new job asap and with a much more honest and decent employer!scott231 said:
Tell him to go talk to these people their speciality is wrongful dismissal
I used them a few years ago and had excellent results, good luck to your bro.... sucks to be fired and even more so at the holidays.
David T. McKnight @
Alexander Holburn Beaudin & Lang
I used them a few years ago and had excellent results, good luck to your bro.... sucks to be fired and even more so at the holidays.
David T. McKnight @
Alexander Holburn Beaudin & Lang
Always ask a lawyer
I learned "Rule of Thumb" if it is wrongful dismissal or no just cause, then one week per year. If the person was a long standing employee or in management, "Common Law" usually meant we could expect one month per year give or take a few months. Any benefits or allowances needed to be covered during the severance period too.
In one case an employee who worked for us for 18 years, had been written up or recorded 14 times in two years was still given 13 months severance plus benefits based on "common law" practices.
Check with a lawyer. The laws always seemed to favor the employee, even if performance was clearly under par. The employee is responsible for assisting with corrective training to support the employee. If not, short of proven theft or murdering someone, the employee may have a claim.
And of course it all depends on what the employee is fighting for - is it worth it?
G.A.
Having had to let many poeple go (a terrible task, but I was the guy who had to do it) we always checked with Labour Relations in each Province to ensure it was done properly.Hatrick said:
I learned "Rule of Thumb" if it is wrongful dismissal or no just cause, then one week per year. If the person was a long standing employee or in management, "Common Law" usually meant we could expect one month per year give or take a few months. Any benefits or allowances needed to be covered during the severance period too.
In one case an employee who worked for us for 18 years, had been written up or recorded 14 times in two years was still given 13 months severance plus benefits based on "common law" practices.
Check with a lawyer. The laws always seemed to favor the employee, even if performance was clearly under par. The employee is responsible for assisting with corrective training to support the employee. If not, short of proven theft or murdering someone, the employee may have a claim.
And of course it all depends on what the employee is fighting for - is it worth it?
G.A.
His letter of termination has to have a cause/reason for dismissal. If there isn't one then his case is already won. If there is one and it's out of left field then he should fight it. Usually you can't just dismiss someone on the spot unless they've broken a law such as stealing or have used the company in some way to do something illegal. Disagreements (heated or not) are not cause for immediate dismissal. Especially if he has not previous letters or documentation on file as a problem employee. Consult a lawyer.
Anyone can be fired anytime, with or without cause. In the absence of a written contract with a specific term, which is the case for 98% of all employment situations, the fired person is legally entitled to wages and commissions earned to the date of dismissal and also to wages in lieu of notice for a number of weeks that are in accord to the BC legislated schedule. In the case of cause, then wages in lieu are zero, but that cause has to be well documented and substantiated - so in most cases there are wages in lieu paid. Usually position incompatibility, insubordination or unsatifactory performance equate the reason of "not suitable for position" that accompanies a dismissal where wages in lieu of notice are paid.
If one is an executive, situations of wrongful dismissal are more prevalent, so the severance pay is calculated differently from that outlined in the statute. Some account managers who are particularly high revenue generators and who are paid on performance can also fall into this category. Also included are employees with particularly long tenure.
If one is an executive, situations of wrongful dismissal are more prevalent, so the severance pay is calculated differently from that outlined in the statute. Some account managers who are particularly high revenue generators and who are paid on performance can also fall into this category. Also included are employees with particularly long tenure.
He has worked there for 2 years and two months, been a top seller, won awards, came to work 1 hour before his shift started. Never once got written up or suspended or anything like that. His Manager on the floor and him worked everything out SO it was a dead issue, BUT the faggot V/P pretty much "put a gun" to my bro's managers head and told him to "fire him" even though the manager said everthing was worked out and was ok, and the manager was in tears when he was ordered to fire my brother he told my bro the V/P ordered him to be fired. So thanks for the feedback and I will have my brother contact a legal advisor. As far as I'm concerened he Wrongfuly Terminated! and there is legal action that can be taken. No severance package was given, he got an hourly wage plus commission and does get a T 4 slip for taxes.
