oral contract in Canada, my partener didnot keep his promise

oral contract in Canada, my partener didnot keep his promise

qinmugong@yahoo.com (qin)	7/6/2004 11:04:11 AM
I have been a truck driver only one year. In this March, a friend of mine introduce me to John, who is owner operator. John wanted me to drive with him as a team. He promised to pay me 37.5% of the net income. (20% for his truck monthly payment and 5% for truck maintenance. We share the 75%). I asked him to sign the contract, but he said he did not have a printer and when he bought a printer, he would give me the contract.) We began our trip from April. After two weeks, I asked if he bought a printer. He said he did, but he did not decide how much he would pay me. I said Pay as you promised'. He did not respond my words and not print out the contract, either. After seven weeks, I got my first two weeks pay, which was much less than what he promised. Then the second two weeks pay, which was less than the first pay. And the third two weeks pay will be much lower than the second pay. He said he only paid me CAD$ 1000 per week. Because of me, he left his former company and he got a fine. I should pay the fine. He even said because I had not worked for him for six months (I gave him two weeks notice and quit after six weeks working for him, because of his bad temper and dangerous driving attitude, I should another $1000 fine. He had a contract with current company for six months. If he broke it, he would be fine $1000. Right now, he still works in the current company and he found a new partener before I left. How can he give this fine? What should I do? Our relationship is business to business and his promise is in oral. I have only a paper that he wrote down some number (no words) on it, which indicated how much I was going to be paid. I recorded the mileage, gas fee, and other fee of each trip. Someone told me because of no contract (in writing), the law would protect me. Can someone give me some suggestion? I am in Canada. Because of English is my second language, I may not explain myself clearly. Sorry about this. Thank you! You can send me email at: qinmugong@yahoo.com.



"Scott Hedrick"	7/12/2004 6:24:41 PM
"qin" <qinmugong@yahoo.com> wrote in message news:rjfle054nqrao0ar1dkqh82mo5rjhp3ir2@4ax.com... If he broke it, he would be fine $1000. Right now, he still works in the current company and he found a new partener before I left. How can he give this fine? Under what authority is he attempting to pass any fines on to you? Just because he sends you a bill doesn't obligate you to pay it. It seems that your choice is to sue him for what you're owed, or tell him to take a hike and go on with your life.

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