Hi Debra
I was chatting with you via just answer, but I guess it took too long to respond. This was my response below:

Debra thal says:
12:25 PMWas it for a set term?

JACUSTOMER-bl4o9i05- says:
12:47 PMNo, but it was set up in phases 1, 2 & 3. The 3rd phase (each phase beginning every 3 months) was to include booking/selling jobs. This month would be the beginning of the 2nd month in phase 3. I had been completing phase 3 since phase 1, even though it wasn't required. Their expectations changed based on over spending on marketing & not making same profits as 2009, but contract or memorandum, as it is called, was never changed. But in a separate page, called the representation agreement, it says on line#10 "

The Company hereby employs you at will and this Agreement may be terminated by either party at any time for any reason. "
12:48 PMThere are several areas of that document that MAD did not meet for me. I have 2 different copies that were apart of my contract that say 2 different things. Mainly being that we would revisit these things after the 3 phases were over & make adjustments, but nothing about termination.

12:50 PMThey asked me to begin selling $50K per month back in April, which did not match the original signed agreement. This was sent via email. I knew those numbers were unrealistic based on the US market & conversations were had about this, but there was nothing in signed to change the original agreement.

Please let me know. I can send you attachments of the agreements, if that helps.
Jen

You were looking for an answer on JustAnswer, it took too long and you decided to come here instead? :D

Cutting and pasting a portion of a conversation isn't going to help.

What is your question?

You were looking for an answer on JustAnswer, it took too long and you decided to come here instead? :D

Cutting and pasting a portion of a conversation isn't going to help.

What is your question?

That & maybe trying to get more than 1 opinion? I recently gave up my unemployment in the US to work for a Canadian company as their US sales rep. After only 4-7 months of work, they have now terminated my employment based on not seeing certain sales results, even after completing their requests. Do I have a way to recoup the unemployment that I can no longer receive from the US from the Canadian company or file for wrongful termination?

... Do I have a way to recoup the unemployment that I can no longer receive from the US from the Canadian company or file for wrongful termination?

If you have an employment contract, and the Canadian company terminated you in violation of the contract, yes, you can sue them.

But no, I don't think you are entitled to lost (from your previous job) unemployment compensation. Are you sure you are not entilted to unemployment compensation from the Canadian employer?

I don't believe I can get unemployment comp from a Canadian employer if I am a US resident. But to be honest, I am not sure. After getting some advice from a retired Canadian atty, at best, it seems like I can only get 1 additional week if I sued. Their laws for employment practices seem much different than the US.

I don't believe I can get unemployment comp from a Canadian employer if I am a US resident. But to be honest, I am not sure. After getting some advice from a retired Canadian atty, at best, it seems like I can only get 1 additional week if I sued. Their laws for employment practices seem much different than the US.

If they had an employee in a US state (you), they probably should have complied with the unemployment insurance laws of that state. Sue them in that state.

But they were paying me as a vendor, so I was responsible for taking out my taxes, etc.

Would that still apply?

It should NOT matter whether you stopped collecting unemployment to work for a foreign employer. You may still be entitled to unemployment from your previous jobs.

Also, if you were paid in the US, they may have had to pay UI. File for UI, the worst that can happen is they reject your claim.

By the way, since the contract specified you as an at will employee there is no issue of wrongful termination. They can terminate the contract at any time for any reason.

But they were paying me as a vendor, so I was responsible for taking out my taxes, etc.

Would that still apply?

Claiming an employee is an "independent contractor" is frequently a device used to evade payroll taxes and unemployment insurance. Your state UI department would know whether they can get away with it in this case.