Lessons learned the hard way, refusing to listen or just bad advice

Litigious means “ fond of engaging in law suits”. The truth is, most lawyers are more fond of settling law suits than going to court. A clear and firm result rather than the vagaries of the court room are almost always best for everyone. Sometimes clients don’t agree.

Employment contracts should clearly set out commission structure

In most situations where employment ends, figuring out what is owed to the employee is quite easy: They are owed their outstanding earnings up to the date of resignation as well as outstanding vacation pay.

GET IT IN WRITING

Question: I have worked for a franchised retail outlet for approximately five years. Last year it was being relocated and the drive was going to be longer. I didn’t really want to commute and was considering resigning. My boss and the owner assured me, however, that if I went with the relocation, when a new assistant manager position came open, I would get it. I was skeptical. I asked the owner how he could promise that when head office might dictate who got the assistant manager position. The owner indicated that he would not be pushed around by head office. I accepted this promise at face value and stayed with my employment when the store relocated. My boss had an affair with one of my fellow employees who had heard about the prospect of me getting an assistant manager position. Suddenly, discussion of that prospect stopped. Eventually my boss quit and went elsewhere, someone else was made assistant manager. When I confronted the owner about his promises, it appeared that the conversation had never taken place. I had imagined the whole thing. Is there anything I can do or could have done?

BEFORE MOVING TO THE STATES, MAKE SURE YOUR ENTITLEMENTS ARE SET DOWN IN WRITING

One of the many ways that the globalization of the economy affects the working lives of individuals is international transfers. An employee who originally started working for a Canadian corporation is transferred to the United States to work for the American mother corporation. Usually, such a transfer is also a promotion and good news. People should be aware, however, that the rights they have as an Ontario employee do not always follow them when they move to a new corporation in the United States. Often, however, they do.
 

CONTRACTS - THERE MUST BE AN EXCHANGE FOR CONTRACTS TO BE ENFORCEABLE

Whether or not a written employment agreement exists, the law views the employment relationship as a contract between an employer and employee.  In any contractual situation, in order for one party to prove that a contract exists, it must prove not only that a promise was made but that the other party got something for making the promise.  Put another way, the party trying to prove the contract must show that they gave something up of value to gain the promise (contract) they say exists.