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09-16-2014, 09:50 PM
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Join Date: Jun 2012
Posts: 652
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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!
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09-16-2014, 09:58 PM
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Join Date: Jun 2010
Location: Calgary
Posts: 1,347
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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
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09-16-2014, 10:02 PM
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Join Date: Jul 2011
Posts: 712
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call the labor board, they will take care of it for you
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09-16-2014, 10:03 PM
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Join Date: Jun 2012
Posts: 652
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Quote:
Originally Posted by harrydude
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
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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
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09-16-2014, 10:06 PM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,071
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If you don't have any luck pm me. I can help.
__________________
Only dead fish go with the flow. The rest use their brains in life.
Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
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09-16-2014, 10:07 PM
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Join Date: Jul 2009
Location: Lacombe, AB
Posts: 1,404
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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.
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09-16-2014, 10:11 PM
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Join Date: Jun 2012
Posts: 652
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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.
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09-16-2014, 10:34 PM
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Join Date: Jul 2007
Location: Red Deer
Posts: 195
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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?
__________________
BIG ROG
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10-02-2014, 01:28 AM
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Banned
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Join Date: Mar 2009
Posts: 5,296
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[QUOTE=camping4life;2551746]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![/QUOTE
Do all that you have alluded to?
As an individual you will not win.
If you believe you are correct keep perusing.
You would have a chance of resolution only if you are unique.
Life is valuable and if you can still continue move on.
Or like myself make a list and limit your possibilities?
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10-02-2014, 08:26 AM
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Join Date: Jun 2012
Posts: 652
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[/QUOTE
Do all that you have alluded to?
As an individual you will not win.
If you believe you are correct keep perusing.
You would have a chance of resolution only if you are unique.
Life is valuable and if you can still continue move on.
Or like myself make a list and limit your possibilities?[/QUOTE]
ok then........
I'm not going in as an individual I have employment standards investigating as stated above!
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10-02-2014, 09:07 AM
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Join Date: Jul 2013
Posts: 331
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I believe the bank is in error, as unless you have given the bank written permission to have the company withdraw money from your account they cannot take anything from your account. Once the money is in your account unless you have given written permission no one can remove money from your account. Bank rules.
Bjay
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10-02-2014, 10:36 AM
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Join Date: Aug 2007
Location: Kelowna B.C.
Posts: 1,289
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I'm not an employment lawyer but I do work closely with the Payroll Department at my company. The company owes you for the hours worked, regardless of all the other trappings. Giving notice, not giving notice, how much notice, Termination with cause, none of that affects what you are owed for the hours already worked. Plus 4% Vacation pay.
As for the bank, Wow! I did not think they had any right to remove money like that. I paid my taxes one year, twice. I couldn't get the money back through the bank. I had to get a hold of the Town and get them to send a payment back to the bank. Funny how it only goes one way.
How much have you been shorted? That may affect how hard I would be willing to pursue this.
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10-02-2014, 10:45 AM
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Banned
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Join Date: Jan 2010
Location: rollyview
Posts: 7,860
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well there is a loop hole there. upon issuing your roe they have a certain amount of time to pay you based on your final pay period end date. this can work out to be more than a month depending on your situation. so it could have been a payroll error that you were payed sooner than they had to.
don't assume.
always give notice when the situation allows.
Last edited by lilsundance; 10-02-2014 at 06:14 PM.
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10-02-2014, 07:58 PM
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Join Date: Jun 2012
Posts: 652
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Quote:
Originally Posted by Skybuster
I'm not an employment lawyer but I do work closely with the Payroll Department at my company. The company owes you for the hours worked, regardless of all the other trappings. Giving notice, not giving notice, how much notice, Termination with cause, none of that affects what you are owed for the hours already worked. Plus 4% Vacation pay.
As for the bank, Wow! I did not think they had any right to remove money like that. I paid my taxes one year, twice. I couldn't get the money back through the bank. I had to get a hold of the Town and get them to send a payment back to the bank. Funny how it only goes one way.
How much have you been shorted? That may affect how hard I would be willing to pursue this.
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Not really a matter of being shorted but not being paid at all!
Its in the 5 digits and well worth pursuing.
Even if it was only a couple thousand I would still pursue it. This guy is a total ******* and deserves everything coming his way.
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10-02-2014, 11:25 AM
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Join Date: May 2007
Location: Uh, guess? :)
Posts: 26,739
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Quote:
Originally Posted by Bjay
I believe the bank is in error, as unless you have given the bank written permission to have the company withdraw money from your account they cannot take anything from your account. Once the money is in your account unless you have given written permission no one can remove money from your account. Bank rules.
Bjay
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Yup. I'd be going up the chain of command at that bank, well beyond the branch level. I'd tell them I want the money replaced. They appear to have facilitated your employer stealing from you.
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10-02-2014, 09:19 PM
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Join Date: Feb 2011
Location: Alberta
Posts: 2,997
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Quote:
Originally Posted by Bjay
I believe the bank is in error, as unless you have given the bank written permission to have the company withdraw money from your account they cannot take anything from your account. Once the money is in your account unless you have given written permission no one can remove money from your account. Bank rules.
Bjay
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This^^^^^^^^^^^^^^^^^^^^ My employer paid me $3276 too much and they are not allowed to remove it from my bank account. They asked me if they could take it off my next paycheck, which I agreed to.
OP, your situation really sucks. I hope that you can get the money that's owed to you soon.
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10-02-2014, 09:58 PM
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Join Date: Jun 2012
Posts: 652
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Quote:
Originally Posted by jackrabbit000
This^^^^^^^^^^^^^^^^^^^^ My employer paid me $3276 too much and they are not allowed to remove it from my bank account. They asked me if they could take it off my next paycheck, which I agreed to.
OP, your situation really sucks. I hope that you can get the money that's owed to you soon.
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I have told the bank numerous times it's their error as I never authorized the withdrawal. They keep giving me the speech that it's between me and my employer.
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