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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: 24,072
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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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09-16-2014, 10:35 PM
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Join Date: Feb 2010
Location: Central Alberta
Posts: 2,984
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Quote:
Originally Posted by rog
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?
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Yes, assuming this is after three months of employment, and employer did not have cause.
Last edited by coreya3212; 09-16-2014 at 10:54 PM.
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09-16-2014, 10:40 PM
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Join Date: Aug 2013
Location: The Bush
Posts: 2,795
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There is this guy named Ken, he will get you your money, He eats people who owe for breakfast LOL
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09-17-2014, 11:25 AM
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Join Date: Oct 2008
Location: Alberta
Posts: 2,824
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First thing is talk to the Bank and find out who made a withdrawal.
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09-17-2014, 11:26 AM
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Join Date: Jun 2013
Location: Bazeau County East side
Posts: 4,165
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Quote:
Originally Posted by petew
First thing is talk to the Bank and find out who made a withdrawal.
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X2
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09-17-2014, 11:38 AM
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Join Date: Nov 2009
Location: Southern Alberta
Posts: 1,777
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To OP, as many have said, talk to the labour board.
Quote:
Originally Posted by rog
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?
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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.
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09-17-2014, 01:02 PM
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Join Date: Nov 2013
Posts: 423
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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.
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09-17-2014, 01:05 PM
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Join Date: Nov 2013
Posts: 423
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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!
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09-17-2014, 01:13 PM
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Join Date: Aug 2009
Posts: 1,667
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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.
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09-17-2014, 03:06 PM
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Join Date: Jul 2010
Location: Calgary
Posts: 9,599
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I'd be closing that account and opening a new one if someone is fiddling with your accounts.
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09-17-2014, 04:01 PM
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Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,775
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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
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09-17-2014, 04:20 PM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,072
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PM sent.
Don't wait too long, you need to act fast with the labor board, and barring that 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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09-17-2014, 06:04 PM
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Banned
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Join Date: Dec 2013
Posts: 1,509
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Another vote for labor board. They helped me get my cheque from a spiteful ex-employer.
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09-17-2014, 06:38 PM
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Join Date: May 2007
Location: Lloydminster
Posts: 2,223
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Labor board would be my first call seeing as how your old employer won't respond to your attempts to contact them.
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09-17-2014, 07:05 PM
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Join Date: Jun 2014
Location: Peace River, BC
Posts: 630
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And this is why you don't give notice.
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09-17-2014, 07:41 PM
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Join Date: May 2009
Posts: 1,529
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Quote:
Originally Posted by dmcbride
X2
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Quote:
Originally Posted by Lefty-Canuck
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
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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.
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09-17-2014, 07:59 PM
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Join Date: Jul 2007
Posts: 7,268
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Quote:
Originally Posted by Duramaximos
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.
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Yup
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09-17-2014, 08:48 PM
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Join Date: Dec 2007
Location: Red Deer
Posts: 4,998
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Quote:
Originally Posted by coastalhunter
And this is why you don't give notice.
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He didn't.
__________________
I'm not saying I'm the man, but it's been said.
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09-17-2014, 09:01 PM
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Join Date: Mar 2008
Location: Claresholm
Posts: 742
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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.
__________________
"Sadly, when human beings are let loose with computers and internet access, their work product does not necessarily compare favourably to… monkeys with typewriters." Justice Fergus O'Donnell
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09-17-2014, 09:38 PM
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Join Date: Apr 2011
Location: Edmonton, AB
Posts: 175
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[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.
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09-19-2014, 02:26 PM
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Join Date: Jan 2009
Location: saskatoon
Posts: 844
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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.
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09-19-2014, 02:47 PM
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Join Date: Feb 2014
Location: Fort saskatchewan
Posts: 213
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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.
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09-19-2014, 03:29 PM
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Join Date: Dec 2008
Location: Camrose
Posts: 44,834
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Quote:
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.
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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.
__________________
Only accurate guns are interesting.
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