What do I do?

[concerned employer]

Hi there, I'm new here, so bear with me!

Here's the scenario, the owner of our store hired a man on an hourly rate because he was jobless and really needed money even though she knew she couldn't really afford it. He said that he would be able to bring business to the store so she said that she would give it a try.

Before his 3 months probation, he quit and is now demanding commission on some jobs that he brought into the store. The owner (being the nice woman that she is) said that she would consider it because he was in financial distress but after further consideration, she discovered that he had cost us quite a bit in materials and lost jobs.

Because the owner refuses to pay him the commission, he said that he is going to make us sorry. Where do we stand from a legal point of view?

Any comments would be appreciated. I realize that Canadian law is different, I am just trying to get peoples' points of view.

Thank you

 

[ALawyer]

If he was hired on an HOURLY rate why would he even be entitled to commissions? Or was he entitled to BOTH hourly with Commissions.

Also, if he sues, you would have your attorney defend with the facts.

However, my concern is more that people who, like this poor soul the owner tried to help out sometimes have mental problems and when theose people threaten they don't necessarily think of lawsuits, but some bizarre form of revenge, such as starting a fire, getting into a fight, etc. to "get even".

 

[concerned employer]

Mr. Quitter

Thank you for replying.

Actually, the employee was hired on a salary basis. He asked for commission and the owner told him no, she couldn't afford it. (she really couldn't afford to hire him period). I am also worried about the revenge thing but I think he would be more inclined to slander us. That's I guess where the law will get fuzzy. I know that the owner (today) has contacted the police to file a report in case some damage is done but I really think it's going to hurt us in the pocket book if he talks people out of doing business with us.
Even though he is an unreliable source, he is a fast talker and I think he will (as he already has) talk badly about us.

I wish he would just disappear.