It is an often asked question that should an employer pay usual commissions in addition to their base salary over their severance period? The answer is in the positive. Commissions are also to be paid to the employee all throughout the reasonable notice or severance period, if their payment mode is inclusive of such payments. And if the employee has worked through this period it is necessary to pay him. If discrepancies are observed in the process then the employee can always contact Toronto employment lawyers. After all you must not be deprived of your rights unlawfully.
How does law come of use?
In the court of law your commission will be prorated, based on the previous year. If the payment is due for about six months the court will thereby award the person the same amount of money they received the previous year for six months as prorated.
In unusual circumstances, such as in the case of new employees who probably are not supposed to get severance money the lawyers will find new and unique ways to show what the employee could have earned had she worked the reasonable period and Toronto employment lawyers might be your best shot in such matters.
However, it is out of the court’s control to limit or award the commission during the severance period, if the employer is successful in proving or not proving that their employee is not supposed to earn the money regardless of working the time period. There have been cases where an employee was told to leave the company for a trivial reason as the loss of his account. So even if this employee worked the period reasonable, he would not have received commissions. So the court could not have awarded the commission amount to the employee. Toronto employment lawyers find such situations tricky.
Is there any contract for the subtraction of commissions?
Contracts are a big deal; with the right company it can be a major reason for joy, whilst with the wrong company it can be a great ordeal. A lot can be achieved on both ends, that is the employer and the employee through contracts. Usually, it is not possible on the part of the employer to actually cut off commission money through a contract. Toronto employment lawyers point out that such a feat will be hard to pull for the employer. The reason is by employment standards, commissions are treated equal to “wages”. Thereby no attempt at cutting them of will really be successful.
There cannot be a contract that cuts off “wages”. So any termination clause related to it will not be enforced. But an employee must not always know his or her rights, and might not know half of the things mentioned here. It will be that much easier for the employer to fool the employee if they really want to. Thereby it is better advised to contact Toronto employment lawyers whenever you feel like there may be some kind of discrepancy in your salary and your employer has decided not to comply.