Re: Note on the new agreement

From
Steve Koyanagi <skoyanagi@thekey.com>
To
Timothy Thomas <tt@thekey.com>
CC
Dawn Kellerman <dkellerman@thekey.com>, Joey Taylor <joey.taylor@thekey.com>
Date
Tue, 8 Aug 2023 09:25:41 -0700
Folder
INBOX
--000000000000130e1106026bd163 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Hypothetically if she would=E2=80=99ve signed the plan would she have earne= d a bonus? If yes, how much are we talking about? Given the contentious nature of the situation the conservative route would be to pay it assuming she earned it under the unsigned plan. On Tue, Aug 8, 2023 at 8:09 AM Timothy Thomas wrote: > Hi Steve, > > If she does not sign the bonus plan then are we ok to NOT pay her out for > July? What should we tell her? > > Thanks > > > On Wed, Aug 2, 2023 at 11:53=E2=80=AFAM Steve Koyanagi > wrote: > >> Thanks; we will wait and see what she does and in the interim I'll also >> connect with our Canadian counsel to see if there are any steps we need = to >> be taking/prepared for. >> >> On Wed, Aug 2, 2023 at 4:29=E2=80=AFAM Timothy Thomas wr= ote: >> >>> Fyi >>> >>> ---------- Forwarded message --------- >>> From: Anamarija Novak >>> Date: Tue, Aug 1, 2023 at 6:53 PM >>> Subject: Note on the new agreement >>> To: , >>> CC: >>> >>> >>> Dear Tim and Joey, >>> >>> After careful consideration of the new agreement sent to me on July 19, >>> I cannot sign it. >>> >>> Firstly, accepting it would mean I agree on the illimitable position as >>> a Staffing Manager, and not just for a few months before being reinstat= ed >>> as Care Solutions Manager. That would mean I deny my right to "the empl= oyee >>> must be reinstated in her or his former position, or be given a compara= ble >>> position in the same location and with the same wages and benefits." >>> >>> Secondly, my commission a year before leaving for maternity leave was >>> over $25000. Based on the new bonus structure, the commission/bonus wil= l be >>> reduced significantly. >>> >>> Due to these changes, I feel this is a constructive dismissal. I will b= e >>> speaking with an employment lawyer who may be in contact with you short= ly. >>> >>> -- >>> Anamarija Novak, MSc, CAPM >>> >>> -- >>> Tim Thomas >>> Head of Canada Division >>> *Please note my email has changed:* >>> tt@TheKey.com >>> (514) 591-9387 >>> TheKey.ca >>> [image: TheKey] >>> >> > > -- > Tim Thomas > Head of Canada Division > *Please note my email has changed:* > tt@TheKey.com > (514) 591-9387 > TheKey.ca > [image: TheKey] > --=20 Steve Koyanagi Assistant General Counsel * Please note my email has changed: * skoyanagi@thekey.com 650-722-6476 TheKey.com [image: TheKey] --000000000000130e1106026bd163 Content-Type: text/html; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Hypothetically if she would=E2=80=99ve signed the plan wo= uld she have earned a bonus? If yes, how much are we talking about? Given the contentious nature of= the situation the conservative route would be to pay it assuming she earne= d it under the unsigned plan.=C2=A0 On Tue, Aug 8, 2023 at 8:09 AM Timo= thy Thomas &lt; tt@thekey.com &gt; wrote= : Hi Steve, If she does not sign the bonus plan then are we ok to NOT pay =