ex - employer wont pay
 

Hey guys.
I hope someone here can steer me in the right direction.
I just quit with a smaller owner/operator sat. Without notice.
Was in probationary period and this guy didn't deserve it at all.
I had the funds in my acct. Sat. As pay was for Sept 15th then today it was gone. I'm assuming he claimed a payroll error which is how he got the money back.
I have called him over and over and he will not pick up. Should I go to the Labour board? File a claim for small claims court? Or what should I do?
Thanks!

Yes call labour board. If that don't work 2x4 him up side the head

Confront him in person.

Do you have paper work of hrs

call the labor board, they will take care of it for you

I'd like to!
Yes I have proof. He's 2 hours away but I'll be making a trip up there probably tomorrow if I dont hear from him

If you don't have any luck pm me. I can help.

My wife had a very similar thing happen. Called the labour board, left the shady employer an email saying as much, a few weeks later cheque was in her hand.

Thanks guys.
You bet ken I will.
It just really ****ed me off! I don't care if he screws me over but my family depends on my income and that really doesn't sit good with me.

Going through something similar here.
Question, when an employee gives written notice of resignation of one week (less than one year employed) and the owner says leave now. Does the employer have to pay the employee for the week?

Yes, assuming this is after three months of employment, and employer did not have cause.

There is this guy named Ken, he will get you your money, He eats people who owe for breakfast LOL

First thing is talk to the Bank and find out who made a withdrawal.

X2

To OP, as many have said, talk to the labour board.


From the 'Employment Standards Code':

Termination of employment by an employee

58(1) Except as otherwise provided in subsection (2), to terminate
employment an employee must give the employer a written
termination notice of at least
(a) one week, if the employee has been employed by the
employer for more than 3 months but less than 2 years, or

Expediting termination of employment after an employee’s
termination notice

59(1) If an employee gives a termination notice that is the
minimum notice required to be given by the employee and the
employer wishes to terminate the employee’s employment before
the end of the employee’s notice period, the employer must pay the
employee an amount at least equal to the wages that the employee
would have earned if the employee had worked the employee’s
regular hours of work for the remainder of the notice period given
by the employee.

Rog, I am not sure in your situation. All I know is that in construction I have to pay more vacation pay percentage wise, and that I pay it out on every cheque. This allows me to lay off guys without any notice, Ie. if we ran out of work. But this also does not allow them to collect EI for the first two weeks after the layoff notice. So it might depend on if you are paid out vacation pay on every cheque, and if that is the case you probably should be getting about 10% vacation pay if you are classified as seasonal construction work.

I should add that the two weeks before EI kicks in has always been when my guys have gone to apprenticeship training, luckily I have not had to ever lay guys off due to lack of work, knock on wood!:)

Yes by all means call the labor board. They have interesting ways to deal with this issue. A few years back I gave 2 weeks and the employer made me work the 2 weeks. When I left the Manager informed me that he was holding my last chq until he was sure I did not sabotage any accounts I handled.

I called the labor board and they told me if I worked the 2 weeks the employer was legally obligated to have all monies owed to me payable on the last day of work. They also told me if I was not satisfied to let them know and they would call the company and will request an audit on them due to an employee issue(me of course).

I had my full chq in 3 days after I told their HR department this.

No company wants to be audited by the Labor board.

I'd be closing that account and opening a new one if someone is fiddling with your accounts.

The way I understand it is the employer tells you when you start a job and if you leave on your own terms you tell them when you are leaving.

If you give six weeks notice in writing and they tell you to never come back...they are on the hook for six weeks of pay, or whatever term you set forth to them when YOU terminated your employment.

LC

PM sent.

Don't wait too long, you need to act fast with the labor board, and barring that I can help.

Another vote for labor board. They helped me get my cheque from a spiteful ex-employer.

Labor board would be my first call seeing as how your old employer won't respond to your attempts to contact them.

And this is why you don't give notice.

Not exactly. The employer is only on the hook for the minimum notice period required by law. If the employee chooses to give extra notice, they could find themselves out of work and pay sooner than they anticipated. I would not suggest any employee gives more notice than the minimum required by law for this very reason.

Yup

He didn't.

The labour board is your friend. They love going after employers who screw over employees. I reported a company in the 90's to them and they were like a dog on a bone. And because the company got caught in a lie, they audited them also.

[QUOTE=rog;2551795]Going through something similar here.
Question, when an employee gives written notice of resignation of one week (less than one year employed) and the owner says leave now. Does the employer have to pay the employee for the week?[/QUOTE

In addition to the previous statements about termination/resignation notice requirements, this is also regulated by industry. Unfortunately, for construction employees you can be let go at anytime without notice or termination pay. Same rules apply to an employee quitting, no notice is required regardless of time employed. Of course if you screw you boss over and don't provide a courteous 2 weeks notice I wouldn't count on relying on him for a reference.

Mostly good advise here, but the OP " Quite WITHOUT notice". Unless I'm missing something here the OP walked in and said I ain't working no more- NOW. If he didn't give the prescibed one weeks notice he doesn't get paid. Don't know if it's different in Alberta than here in Sask but I worked with someone who did the same, and they did not pay her. She went to the Labour board and because of no notice there was no last pay-check.

cash
 

Ya' know, and I might be mistaken, however I'm almost sure that once that cash hit your account no one had a legal right to take it out again without a court order. 1st move I would make is to go talk to the 'manager' of your bank and ask what the details were around this. Guaranteed he had to give the ok for this to happen.

Exactly! I would be talking to the bank manager ASAP. I am thinking that your problem, would soon turn into his problem if he let someone take money out of your account, without authorization from you.