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Old 06-06-2020, 12:22 PM
czechm8 czechm8 is offline
 
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Default Any Labour & Employment Lawyers Around?

I was recently laid off due to the combo of Covid & low oil prices. Severance is on the low end, but the worst part is that they're trying to short-change me by 2.5 weeks on banked OT that I submitted for approval just prior to my pat leave (I have multiple emails and tracking sheets and hour logs saved locally to corroborate that OT, include the tracking sheet showing that they were billing the customer for the very OT that they're suggesting was not "approved").

I've had multiple folks tell me I need to get an employment lawyer if I want them to take things seriously, so that's what I'm trying to do. Wouldn't mind speaking to somebody who's been through something similar as well. My only hesitation on the lawyer route is that most "initial fact checks" that lawyers will do on a severance package just look at the severance itself, but the vacation payout is a bit of a different beast and would take a bit more time to review so I'm not sure how this would be handled.
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Old 06-06-2020, 12:25 PM
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Go to Labour Standards first. They don't cost anything and they are pretty good at getting employers to cough the cash they owe. You seem to have lots of documentation so why spend big money on a lawyer till you have tried the free option.

Second point, I don't know what you earn but I would be going through Small Claims long before I paid a lawyer unless I was looking at a complicated argument for a much larger severance package involving serious dollars. For OT and Holiday pay, there isn't enough dollars to be worth the cost of a lawyer.
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Old 06-06-2020, 12:32 PM
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Quote:
Originally Posted by Dean2 View Post
Go to Labour Standards first. They don't cost anything and they are pretty good at getting employers to cough the cash they owe. You seem to have lots of documentation so why spend big money on a lawyer till you have tried the free option.

Second point, I don't know what you earn but I would be going through Small Claims long before I paid a lawyer unless I was looking at a complicated argument for a much larger severance package involving serious dollars. For OT and Holiday pay, there isn't enough dollars to be worth the cost of a lawyer.
X2 I did this years ago and the results where immediate. Employers are not keen on getting an audit from OHS.
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Old 06-06-2020, 12:53 PM
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Cement Bench Cement Bench is offline
 
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Quote:
Originally Posted by Dean2 View Post
Go to Labour Standards first. They don't cost anything and they are pretty good at getting employers to cough the cash they owe. You seem to have lots of documentation so why spend big money on a lawyer till you have tried the free option.

Second point, I don't know what you earn but I would be going through Small Claims long before I paid a lawyer unless I was looking at a complicated argument for a much larger severance package involving serious dollars. For OT and Holiday pay, there isn't enough dollars to be worth the cost of a lawyer.
Very good suggestions
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Old 06-06-2020, 01:37 PM
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Red Bullets Red Bullets is offline
 
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Might help. From Employment Standards...

https://www.alberta.ca/overtime-hours-overtime-pay.aspx
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Old 06-06-2020, 08:03 PM
czechm8 czechm8 is offline
 
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Quote:
Originally Posted by Dean2 View Post
Go to Labour Standards first. They don't cost anything and they are pretty good at getting employers to cough the cash they owe. You seem to have lots of documentation so why spend big money on a lawyer till you have tried the free option.

Second point, I don't know what you earn but I would be going through Small Claims long before I paid a lawyer unless I was looking at a complicated argument for a much larger severance package involving serious dollars. For OT and Holiday pay, there isn't enough dollars to be worth the cost of a lawyer.
Thanks Dean, this is very helpful!
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  #7  
Old 06-06-2020, 08:56 PM
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CBintheNorth CBintheNorth is offline
 
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Quote:
Originally Posted by wally338 View Post
X2 I did this years ago and the results where immediate. Employers are not keen on getting an audit from OHS.
What does OH&S have to do with employment standards?
Or are you suggesting he call them just to be a pain?
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Old 06-06-2020, 09:18 PM
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At all costs avoid using a lawyer for a situation like that. Done it once and never again for me. The simplest problem they will drag it out for almost a year. Lawyers make a ton of money this way. One thing of note is 100 percent of your fees are claimed back on your tax for employment matters. Your situation it’s not worth the long drawn out procedures they play.
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Last edited by Jigsalot; 06-06-2020 at 09:24 PM.
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  #9  
Old 06-06-2020, 11:05 PM
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It's threads like this is why i'm so thankful & Glad that the
General section of AO is Not shut down, as some wish it to be !!
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  #10  
Old 06-07-2020, 07:11 AM
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wally338 wally338 is offline
 
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Quote:
Originally Posted by CBintheNorth View Post
What does OH&S have to do with employment standards?
Or are you suggesting he call them just to be a pain?
I should have said Ministry Of Labour not OHS my apologies.
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  #11  
Old 06-07-2020, 07:19 AM
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Quote:
Originally Posted by wally338 View Post
I should have said Ministry Of Labour not OHS my apologies.
The Alberta Labour Board is where one wants to email or phone in cases like this
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Old 06-07-2020, 08:03 AM
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Quote:
Originally Posted by tri777 View Post
It's threads like this is why i'm so thankful & Glad that the
General section of AO is Not shut down, as some wish it to be !!
When has it ever been suggested to shut down the general section. Ever?
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  #13  
Old 06-07-2020, 09:39 AM
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Quote:
Originally Posted by pikergolf View Post
When has it ever been suggested to shut down the general section. Ever?
Actually there has been more than a few comments about doing that. Common theme is this should be hunting, fishing and guns and that the General thread is where all the arguing and strife originate from. I think this is nonsense personally, and the general section gets far more posts and interests than the other ones, pretty much combined. I also think that opening up the Political commentary has been good for the board and has remained very civilized, though I would imagine it takes a little more mod work. That and I have found a lot of useful info in the general section.
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