Non-Payment of Wages?

[doetracks]

Howdy all -

Has anyone had to deal with Employment Standards recently, for non-payment of wages?

Complaint was just submitted today, and popup said 5 months

What blows me away is that there are still scumbags out there that play the system and screw others along the way.

Suggestions, short of a lynching, appreciated.

[Ken07AOVette]

still got my number?

[Bub]

Had a friend dealing with a scumbag of an employer. The case was filed with the Employment Standards Board (ESB) in April of 2015 (for termination pay). He received a letter from them, where he was denied the termination pay in November of that year. Before that, he was also denied his employment insurance (EI) benefits by Service Canada because the scumbag employer lied his way out to keep his reputation or for whatever reason. The guy collected additional supporting documents that actually showed that the employer is a lair and filed an appeal after which he received his well earned EI within a week, I think, after the appeal was filed. After the denial letter from ESB, he collected the same additional documents and filed an appeal for his termination pay. Note that after he received the letter of denial, the status of his case online changed to case completed. He sent the package to ESB by registered mail and saw that it was delivered the very next day. Within a week or two after that, the status of his case online changed from completed (or closed, whatever it is) to wait time of eight months. The friend obviously thought everything is dandy and he was going to get what he is owed, no matter how long it takes. There was no way he would be denied because it clearly showed that the employer intentionally lied to the Board the first time around. I mean the case was a winner. After a few months, the wait time changed to 6 months, then after a few more months to 5 and got stuck at that for half a year or so. At that point, he decided to give them a call to see what is going on. Well, guess what? They said that they had never received the appeal documents and that the officer who was reviewing his file tried to contact him and left some messages on his voicemail (never happened) and that there is nothing they can do for the guy. The girl he spoke to there said that the legal time period to demand the termination pay was one year since the last day of work and even if they reopened the file, there is nothing they can do legally. When I heard the ending, I did not know whether to laugh or what. I know the scumbag and wanted him to get what he deserved more so than the friend, probably. He has been treating his employees like crap for years and no one did anything about it because of small community and whatnot and the guy, in spite of being one of the worst human beings I had a pleasure to meet, does have some influence in this community. (You would not know he is a scumbag until you hear stories from people who work for him or know him personally).

Long story short, I don't know what really happened to the documents he sent to the ESB but I do have my opinion. I know for a fact he sent them something because I helped him write the letter, collect the supporting papers and we drove together to the post office. I can't help but feel that they did receive the paperwork and stacked it in the pile. Once it was his turn, the legal one-year limit had ran out and they simply tossed the papers as they were never received. Of course, it seems unlikely, but that is how i feel about the whole thing. The fact the girl he talked to on the phone said that it was marked in his file by the reviewing officer that there were attempts to contact him via telephone and voice messages were left is just a fairy tale. No one ever called the guy. The only contact from the ESB he had was the letter of denial.

Anyway, just watch out and be aware that something like this could potentially happen. If you are denied for whatever reason and think you should not have been, contact them asap. Let them know that you that you disagree and will be filing an appeal. Tell them to make a note of that in your file. When appeal is filed (I think you have ten days to do so), call them again and make sure they received it and it is in the right place.

Edit: Oh yeah, in regards to the wait time indicated online. The girl he spoke to informed him that the wait time they have in their online system is just a default type of thing that will always be there, regardless of whether your file is still open or not. Sounds like the most stupid thing you ever heard? Well, it is, but that's how it is it seems to be. Also the girl he spoke to was a supervisor or a manager, not just an agent that answers the phone.

[Michael_Brown]

The issue can take months to resolve if they fight it or ignore OHS. They will be issued orders and/or charges but most of the time they freak out when OHS contacts them and pay what they owe, so hopefully it gets resolved for you quickly.
Glad you are holding them accountable, most just get mad and never file a formal complaint and these scum keep doing it to the next worker.

[Newview01]

On the flip-side, there are more scum employees than employers.

[Bub]

How is that a flip side?

[Talking moose]

Originally Posted by Newview01

On the flip-side, there are more scum employees than employers.

Being that there is 20x the employee to employer ratio I would think so......

[hunting4?]

Originally Posted by Newview01

On the flip-side, there are more scum employees than employers.

For sure. I hear that the cases of Employees not paying employers has gone through the roof!

Great point!

[doetracks]

Originally Posted by Ken07AOVette

still got my number?

No, new phone PM me?

[Newview01]

Originally Posted by hunting4?

For sure. I hear that the cases of Employees not paying employers has gone through the roof!

Great point!

I hear that the number of employees not worth paying has gone through the roof

[Bub]

Don't hire. Simple enough.

[doetracks]

Originally Posted by Newview01

I hear that the number of employees not worth paying has gone through the roof

My hubby has worked with several of those.

Sadly (for him), he takes pride in his skills and work ethic. Must be nice to be lackadaisical, but it eventually bites those folks in the butt. Hubby's work ethic does not include working for free.

[hunting4?]

Originally Posted by Newview01

I hear that the number of employees not worth paying has gone through the roof

Your own fault for hiring them ain't it.

[Newview01]

Originally Posted by hunting4?

Your own fault for hiring them ain't it.

Some people are hard to read.

[Greasemonkey]

I did this last year jun8/16 still waiting for my owed wages, I have watched me former boss sell everything, go on extravagant trips,concerts etc by I still have not got any money this particular govt program is a joke, they owe me over 10k which I know I will never see, rules need to be changed employees should be first paid not creditors

[hunting4?]

I dont know you will always have bad employees. But I also find it an ass move to point that out. Makes it seems okay to screw people over because there are some bad apples.

Just look what that dirtbag from Sanjel did to his employees. Or those poor people at sears. Work 30 years and then have their pensions go to executive bonus's to keep the managers on till the end even though they were the ones that ruined the company!

[hunting4?]

Originally Posted by Greasemonkey

I did this last year jun8/16 still waiting for my owed wages, I have watched me former boss sell everything, go on extravagant trips,concerts etc by I still have not got any money this particular govt program is a joke, they owe me over 10k which I know I will never see, rules need to be changed employees should be first paid not creditors

Damn right!

[doetracks]

Originally Posted by Greasemonkey

I did this last year jun8/16 still waiting for my owed wages, I have watched me former boss sell everything, go on extravagant trips,concerts etc by I still have not got any money this particular govt program is a joke, they owe me over 10k which I know I will never see, rules need to be changed employees should be first paid not creditors

Wow

This is "only" $2500, but it's still money that was earned nonetheless.

The employer continues to operate. I see people recommending his business on FB all the time.

As much as I would like to say something, I don't. So, for now, we wait.

[Vacation]

I'm on the 4th mos now since ISubmitted my complaint....hope too resolve soon...going broke