Summary
In Saskatchewan, employment termination and compensation are governed by the Employment Standards Act. Employers must provide notice or pay in lieu of notice based on the length of employment. Generally, commissions earned before termination are payable. If the commission was not explicitly tied to a specific sale or performance and not achieved before termination, claiming it might be complex. In Canada, if the employment contract does not address commissions post-termination, courts may consider the contract, past practices, and the commission agreements nature. Reviewing your employment contract and consulting with a lawyer is advisable.Full Conversation
I was terminated without cause and given two weeks pay in lieu of notice. I also earned sales commissions, one of which was signed days after my termination. Am I entitled to my commission following my termination?
To better understand your situation and provide accurate information, could you please let me know which state or country you are located in?
Saskatchewan Canada
In Saskatchewan, the Employment Standards Act governs employment termination and compensation. Here's some general information:
- Pay in Lieu of Notice: Employers must provide notice or pay in lieu of notice based on the length of employment.
- Commissions: If the commission was earned before termination, you are generally entitled to it.
Was your commission explicitly tied to a specific sale or performance, and was it achieved before your termination date?
No
In Saskatchewan, if the commission was not explicitly tied to a specific sale or performance, and not achieved before your termination, it might be more complex to claim it. However, it’s often worth reviewing your employment contract and discussing the specifics with a lawyer.
Would you like some information on legal resources or employment lawyers in Saskatchewan?
One last question. If not stated in the contract what happens to commissions following a termination in Canada
In Canada, if the employment contract does not specifically address commissions following termination:
- Generally, commissions earned before termination are payable.
- For commissions tied to post-termination activities, courts may look at the employment contract, past practices, and the nature of the commission agreement.
Would you like a list of employment lawyers in Saskatchewan to further discuss your case?
Yes
Saskatchewan Employment Lawyers~
Phone: (*) *-*
Website: www.saskemploymentlawyers.ca
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