Anyone know anything about contract law?

[ponyfitness]

So I'm in a situation where I'm under contract employment as a PT with a guy who runs a PT at home company. He's become a completely unbelievable ball buster and I really would rather not work for him anymore. He's scheduled (actually demanded) a meeting with me on Monday after I refused to follow some administrative guidelines that he has repeatedly let slide previously. I think he may try to fire me at that meeting.

However, I would like to stay working for about three/four more weeks until I leave town. Is he required to put me on probation since I've received no formal written warning about this performance piece? I've been working for his company for 2.5 years.

Basically I guess what are my options if he does try to fire me? Can I tell him he has to put me on probation, stay on for another three weeks and then tell him to piss off? Or can he actually just fire me without any written warning (I have received no verbal either)? I actually have an email where he states that there is nothing wrong with my performance that he sent me last week. He's put the meeting under the pretense of talking about retention, which I know is BS.

 

[trex74]

Generally, you must be fired with just cause. While you may not have followed administrative guidelines, he has to show that he has given you an opportunity to correct your performance, and tell you that you could be fired for it. Insubordination can give just cause if it was a serious offense. Willful disobedience, if it was a big enough problem can too.
But seeing as you have an e-mail that condones your performance, you have some room to argue that it would be termination without just cause- IF you got the e-mail AFTER he was aware of your poor performance.
He must give you reasonable notice as well if there is not just cause. In your case, two weeks. You might get termination pay in lieu of notice, seeing as you have been there for 2.5 years. You would get two weeks pay.
In any case, he has to prove that he has just cause for dismissal.

Edit: To be clear, if he can prove just cause, you are not entitled to any termination pay or notice.
I'd call the Ministry of Labour and tell them your story if there are any problems.

 

[mrplunkey]

You're a canuk, right?

I bet that's some seriously crazy employment law.

 

[trex74]

Also, if you refuse any offer of alternative employment, like doing a different job, you can be fired with no notice and no severance pay. So, if he wants to retain you in any other position that is not the one you signed a contract for, you cannot refuse and still expect severance/notice.

 

[ponyfitness]

So I just got email confirmation from him that the meeting is to discuss retention strategies. So basically if he brings up anything else during the meeting I'm perfectly justified in walking out.

There's no way having clients not signing their sign in sheets is just cause for dismissal. Especially since he has never indicated in writing that it is an issue.

 

[trex74]

Retention strategies eh? That means he wants to keep you around.
However, if he significantly changes your terms of employment, e.g. reduces your salary, hours of work, or if he harrasses you, demotes you, or gives you an ultimatum to quit or be fired, and you quit, it could fall under "constructive dismissal". In this case you have the option to sue for damages. Not a great option, and I would, again, call the Ministry of Labour before doing anything involving a lawyer.

 

[ponyfitness]

Retention strategies eh? That means he wants to keep you around.
However, if he significantly changes your terms of employment, e.g. reduces your salary, hours of work, or if he harrasses you, demotes you, or gives you an ultimatum to quit or be fired, and you quit, it could fall under "constructive dismissal". In this case you have the option to sue for damages. Not a great option, and I would, again, call the Ministry of Labour before doing anything involving a lawyer.

Cool. Thanks again, this could be an interesting meeting.

 

[ponyfitness]

I just requested that he bring copies of my employment contract and anything else in my personnel file to the meeting we are having. That should give him a bit of a heads up that I'm willing to scrap.

And yes, Canada is crazy with employment law. He knows he has to tread very carefully I'm sure because he went through it himself the last time he left a gym to start his own business.

 

[trex74]

Good idea, just to have everything 'at hand'...
good luck!

 

[ponyfitness]

Well, it was an interesting "meeting". Basically I found out that he was pissed off and felt disrespected because he felt I was having inappropriate conversations with clients (previously I had told a client that what he was doing was irresponsible).

The whole thing was a bit of a joke, but constantly throughout he kept referring to the fact that I was a "contract worker" whenever I suggested that I was an employee. Then he also said that basically if I didn't follow his exact protocols that I was not going to get paid for the sessions that I trained. None of this was in writing even though I requested it, we'll see what happens today because we finished the meeting at 10:30 last night.

Possibly I should give the Labour Board a call? This type of stupid stuff isn't going to go away anytime soon, and since I'm leaving anyway basically I just want to make life difficult for him.

 

[trex74]

what province are you in?
this is for ontario
Your Guide to the Employment Standards Act | Ontario Ministry of Labour
you would go to the section "Industries and Jobs with ESA Exemptions and/or Special Rules" to see if the industry you are in is listed. as being in exemption from the Employment Standards Act.
Even if you signed an agreement saying that you are an independent contractor, you might actually be an employee. Call and find out, it depends on how much you are "told what to do" i.e. when to work, where to work, if you have hiring ability. The Ontario Labour Relations Board, or a similiar provincial board depending on where you live, can award you vacation pay, holiday, everything an employee is entitled to.
For more info:
Employment Standards Information Centre
1-800-531-5551 (toll free Canada-wide)
FYI:
Four fold test
There is no single definition of "employee" in Canada. Courts and tribunals often use the four-fold test to set out employee versus independent contractor or self-employed status.
The test consists of the following four factors:
Control – The more control exerted by the company, the more likely the finding of an employment relationship. Who sets the hours of work? Is the worker told where to work or how the work is to be done?
Ownership of Tools – If individuals purchase, own and use their own tools, vehicle, etc. they are more likely to be considered independent contractors.
Chance of Profit – Does the individual have any chance of benefiting from the success of the business?
Risk of Loss – Does the worker have any risk if the business is unsuccessful?