Possible constructive dismissal / employee classification issue in commission-only sales role across provinces (ON/NS)
Location: Ontario / Nova Scotia
I previously worked in a commission-only in-home sales role for a company operating in the residential home improvement/services space across provinces.
I temporarily relocated for the role based on representations regarding lead flow, earning potential, and growth opportunities. There was no finalized signed employment agreement. A written agreement was proposed at one point, but I proposed revisions to terms I did not believe were practical, and to my knowledge no final version was ever fully executed by both parties.
Despite that, the relationship proceeded operationally as though there was an implied agreement in place. I worked through company systems/processes, received company leads, followed company procedures, communicated with management/admin teams, represented the company to customers, and received payroll deposits/commissions.
Over time, there were extended periods with very poor lead flow and extremely inconsistent income despite remaining available and active.
Another major issue was discomfort with the sales culture surrounding financing. I often felt pressure to push financing arrangements that I personally believed were not always in customers’ best interests, especially financially vulnerable customers. I intentionally avoided pushing certain financing options as aggressively as others within the organization appeared to, which often resulted in slower installs and delayed commissions (and delayed profits)
At the time, I was also living in company-arranged housing while working out of province. Combined with financial stress, workplace tensions, and what I would describe as verbally aggressive/unprofessional internal behaviour at times, the situation eventually became unsustainable for me financially and personally.
I ultimately relocated back home under the impression I would still receive remote/phone leads. I was never formally terminated, never formally resigned, and was never clearly told the relationship was over. However, after returning home, lead flow stopped entirely.
Despite allegedly becoming “inactive,” I continued receiving occasional commissions from prior sales and continued handling customer service/customer relations issues connected to accounts I originally sold.
To this day, I still receive frequent calls/messages from former customers (sometimes weekly or daily) regarding missed appointments, lack of follow-up, unresolved service/warranty issues, financing concerns, and inability to get responses from the company.
Many customers only know me because I was their original sales contact. Some have threatened BBB complaints, negative reviews, or formal complaints mentioning me by name because they view me as the only identifiable/contactable person connected to their file.
My questions are:
Based on these facts, does this sound more like an employee/dependent contractor relationship than a true independent contractor relationship under Canadian law?
Can an implied working agreement exist where both parties continue operating as though an agreement exists even without a finalized signed contract?
Could this potentially support a constructive dismissal argument given that:
- I was never formally terminated,
- I never formally resigned,
- but lead flow/income effectively disappeared after relocating home?
Does continuing to receive commissions and handle customer-service-related functions after allegedly becoming “inactive” affect that analysis?
Can a salesperson realistically face personal liability or reputational exposure for service/warranty/financing issues handled by the company after the sale?
Would Ontario or Nova Scotia likely be the more appropriate jurisdiction if work occurred across both provinces?
I have documentation including payroll records, messages, reimbursement history, commission payments, and customer communications. I’m mainly trying to understand what legal categories this situation potentially falls under and whether I’m looking at employment law, contract law, constructive dismissal, dependent contractor issues, or some combination of the above.