ex - employer wont pay

[Lildog]

Originally Posted by elkhunter11

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.

Bang on brother.

[Hevishot]

What is the name of this employer? Im shocked nobody has asked this yet!

[MoFugger21]

Originally Posted by Mhunter51

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.

I'm assuming the pay cheque he is referring to in the OP is related to money earned PRIOR to quitting. Employers cannot hold back money already earned.

[coreya3212]

Originally Posted by Mhunter51

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.

You are missing something. In order to hit, you need toe read the original post. He quit in the probationary period, which is in 0-3 months of employment where neither party is required to provide notice.

[camping4life]

Still haven't received any money owed to me as of yet.
Been a long cpl weeks dealing with this. I have a claim filed with employment standards.
Was told wait time could be up to 3 months......
I have done everything on my part including sending a money owing letter to him.
I still do not know what to make of the bank with drawl.
They told me it was a payroll error and was withdrawn to correct. Well 2 weeks later it's not corrected nor is Amy of the funds deposited back to my account....

[bobalong]

Originally Posted by MoFugger21

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.

I believe there is an exception to this. If you have worked for the same company previously, left, but returned before 3 months had passed, for the purpose of determining termination notice, the company must use the total combined time you worked for the company.

[bighorn1]

Personally regardless of employment/employee rules if my bank pulled this I would be switching banks and calling a lawyer.

Yes there are laws and such but to have people pulling funds from your account without someone being held accountable and having a proper explanation is just plain BS

[purgatory.sv]

[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?

[camping4life]

[/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!

[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

[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.

[fish_e_o]

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.

[petew]

File a builders lien against the project you worked on. That will freeze his progress payments and get his attention fast.

[huntsfurfish]

[Okotokian]

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

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.

[qwert]

Originally Posted by fish_e_o

always give notice when the situation allows.

IMHE, on none of the projects that I have worked on is 'notice' given or expected. There is no requirement for any 'notice' in our collective agreement.
Giving 'notice' usually results in immediate termination.
Normal practice is for company to notify of layoff at last break then told to clean up tools and leave the site asap (but paid for full shift).

On one large regular shutdown, it was obvious that the work was complete and layoff was imminent. I went to my supervisor and requested an immediate layoff as the next shift was a compulsory day off and I did not want to waste a day in a motel before going home. I was required to report for work 2 days later where I was informed of immediate layoff and given only 2 hrs wages for reporting for work. Last time I worked for that site.

Most companies like to claim shortage of skilled workers, but give no respect or courtesy to those they have.

Good Luck, YMMV

[fish_e_o]

Originally Posted by qwert

IMHE, on none of the projects that I have worked on is 'notice' given or expected. There is no requirement for any 'notice' in our collective agreement.
Giving 'notice' usually results in immediate termination.
Normal practice is for company to notify of layoff at last break then told to clean up tools and leave the site asap (but paid for full shift).

On one large regular shutdown, it was obvious that the work was complete and layoff was imminent. I went to my supervisor and requested an immediate layoff as the next shift was a compulsory day off and I did not want to waste a day in a motel before going home. I was required to report for work 2 days later where I was informed of immediate layoff and given only 2 hrs wages for reporting for work. Last time I worked for that site.

Most companies like to claim shortage of skilled workers, but give no respect or courtesy to those they have.

Good Luck, YMMV

if you're a temp worker you do not have the same rights. you are hired on knowing that you will be laid off when the job is done.

[qwert]

Originally Posted by fish_e_o

if you're a temp worker you do not have the same rights. you are hired on knowing that you will be laid off when the job is done.

My (equipment rental and road, bridge, pipeline and building and heavy construction trades) COLLECTIVE AGREEMENT does not differentiate between short or long term employment,
My comment regarding giving notice usually resulting in immediate termination applies to long term more than short term employment. Because my collective agreement does not require 'notice', there is no obligation for an employer to pay wages for termination in advance of conclusion of any 'notice period given'.

Good Luck, YMMV

[fish_e_o]

Originally Posted by qwert

My (equipment rental and road, bridge, pipeline and building and heavy construction trades) COLLECTIVE AGREEMENT does not differentiate between short or long term employment, and my comment regarding giving notice usually resulting in immediate termination applies to long term more than short term employment.

Good Luck, YMMV

well that makes sense now

Termination notice is not required for employees who:
• have been terminated for just cause;
• have been employed for three months or less;
• are employed for a definite term or task of less than 12 months (this 12-month limit does
not apply to employees engaged in oilwell drilling);
• refuse reasonable alternate work;
• refuse work made available through a seniority system;
• are not provided with work by reason of a strike or lockout occurring at the employee’s
place of employment;
• are casual employees who may elect to work or not to work for a temporary period when
requested to work by the employer;
• are employed on a seasonal basis, and on the completion of the season the employment is
terminated;
• are subject to a contract of employment that is or has become impossible for the
employer to perform by reason of unforeseeable or unpreventable causes beyond the
control of the employer;
• are employed in the construction industry; or
• are employed in the cutting, removal, burning or other disposal of trees and brush or
either of them for the primary purpose of clearing land.

[qwert]

Originally Posted by fish_e_o

well that makes sense now

Please note my edit,

Since I work under a Collective Agreement, it and not the Provincial Legislation, applies in most cases.

I submit that the Provincial Legislation has exemptions that allow most employers to escape its application.

Good Luck, YMMV

[fish_e_o]

Originally Posted by qwert

Please note my edit,

Since I work under a Collective Agreement, it and not the Provincial legislation applies in most cases.

Good Luck, YMMV

you can also waive your rights, as you did.

but then again you can't fault the company. by getting you to agree to it they pretty much made their intentions known.

but more to the point cut and paste from employment standards

When a notice is required and the employee has provided the employer the required notice, the employer must pay all wages, overtime pay, general holiday pay and vacation pay due to the employee within three days following termination of employment.

When a notice is not required, the employer must pay all wages, overtime pay, general holiday pay and vacation pay due to the employee not later than 10 days after the last day of employment.

When an employee quits without providing the employer the required notice, the employer must pay all wages, overtime pay, general holiday pay and vacation pay due to the employee within 10 days after the date on which the notice would have expired if it had been given.

[qwert]

Originally Posted by fish_e_o

you can also waive your rights, as you did.

but then again you can't fault the company. by getting you to agree to it they pretty much made their intentions known.

but more to the point cut and paste from employment standards

When a notice is required and the employee has provided the employer the required notice, the employer must pay all wages, overtime pay, general holiday pay and vacation pay due to the employee within three days following termination of employment.

When a notice is not required, the employer must pay all wages, overtime pay, general holiday pay and vacation pay due to the employee not later than 10 days after the last day of employment.

When an employee quits without providing the employer the required notice, the employer must pay all wages, overtime pay, general holiday pay and vacation pay due to the employee within 10 days after the date on which the notice would have expired if it had been given.

My initial post was in response to you saying
"always give notice when the situation allows. only scumbags quit with no notice"

I replied
"Most companies like to claim shortage of skilled workers, but give no respect or courtesy to those they have."

I submit that if the OP had been working under the provisions of a Collective Agreement, he would not be looking for advice here and would have received his proper payment long ago.

I further submit that the Provincial Legislation is written to the benefit of the employer and provides little real or timely protection for the employee.

I note that
"When a notice is required and the employee has provided the employer the required notice, the employer must pay all wages, overtime pay, general holiday pay and vacation pay due to the employee within three days following termination of employment."
does not require the employer to pay wages payable to the end of the period of notice given.

I submit that granting 'notice' is a courtesy that employer's desire but seldom reciprocate or respect.

Good Luck, YMMV

[fish_e_o]

Originally Posted by qwert

I submit that granting 'notice' is a courtesy that employer's desire but seldom reciprocate or respect.

Good Luck, YMMV

The Code requires the employee to give one week’s written notice if the employee has been employed by the employer for more than 3 months but less than 2 years, and two weeks’ written notice if the employee has been employed by the employer for 2 years or more.
An employee does not have to give notice if:
• there is an established custom or practice in the industry respecting termination of
employment;
• the employee terminates employment because the employee’s personal health or safety
would be in danger if the employee continued to be employed by the employer;
• the contract of employment is or has become impossible for the employee to perform
because of unforeseeable or unpreventable causes beyond the control of the employee;
• the employee has been employed by the employer for 3 months or less;
• the employee is temporarily laid off;
• the employee is laid off after refusing an offer by the employer of reasonable alternative
work;
• the employee is not provided with work by the employer by reason of a strike or lockout
occurring at the employee’s place of employment;
• the employee is employed under an agreement by which the employee may elect either to
work or not to work for a temporary period when requested to work by the employer; or
• the employee terminates the employment because of a reduction in wage rate, overtime
rate, vacation pay, general holiday pay or termination pay.

[Okotokian]

Originally Posted by qwert

I submit that granting 'notice' is a courtesy that employer's desire but seldom reciprocate or respect.

Must disagree. Take a closer look at employment standards and also common law (which has much more onerous notice and severance obligations for employers than employment standards). Most companies get out the chequebook when they move to fire someone. Maybe some little two-bit outfits owned by a jerk don't, but most do. If you work somewhere a few years and get told to clear offin the next ten minutes, definitely go see a lawyer.

[fish_e_o]

Originally Posted by qwert

I submit that if the OP had been working under the provisions of a Collective Agreement, he would not be looking for advice here and would have received his proper payment long ago.

well i guess that depends. i've employed a lot of people. some of them frequent this site, one was looking for a job on this site.

the ones that get their pay quickly are the respectful ones that give notice and are good people. if they quit in a rude way or never worked hard etc. are the ones that get their pay mailed to them on the last day possible

treat people the way you want to be treated

[camping4life]

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.

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.

[camping4life]

I received my ROE from the bookkeeper so I called her right away to find out whats going on. She claims it was returned by Canada Post and was put back into the mail yesterday. I have a strong feeling she is full of sh*t and covering for him. What I cant figure out is why she would send out the ROE and the amounts are 100% correct.

[jackrabbit000]

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

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.

[camping4life]

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.

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.

[Talking moose]

Originally Posted by camping4life

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.

Tell them that's not what your lawyer told you....