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06-06-2020, 12:22 PM
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Join Date: Oct 2013
Location: Calgary, AB
Posts: 164
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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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06-06-2020, 12:25 PM
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Join Date: Dec 2008
Location: Near Edmonton
Posts: 15,043
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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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06-06-2020, 12:32 PM
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Join Date: Oct 2011
Location: Southern sask.
Posts: 1,432
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Quote:
Originally Posted by Dean2
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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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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06-06-2020, 12:53 PM
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Join Date: Apr 2008
Location: alberta
Posts: 1,951
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Quote:
Originally Posted by Dean2
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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Very good suggestions
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06-06-2020, 01:37 PM
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Join Date: Oct 2010
Location: central Alberta
Posts: 12,628
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__________________
___________________________________________
This country was started by voyagers whose young lives were swept away by the currents of the rivers for ten cents a day... just for the vanity of the European's beaver hats. ~ Red Bullets
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It is when you walk alone in nature that you discover your strengths and weaknesses. ~ Red Bullets
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06-06-2020, 08:03 PM
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Join Date: Oct 2013
Location: Calgary, AB
Posts: 164
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Quote:
Originally Posted by Dean2
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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Thanks Dean, this is very helpful!
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06-06-2020, 08:56 PM
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Join Date: Apr 2010
Location: Communist Capital of Alberta
Posts: 3,760
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Quote:
Originally Posted by wally338
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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What does OH&S have to do with employment standards?
Or are you suggesting he call them just to be a pain?
__________________
Social acceptance is NOT effective therapy.
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06-06-2020, 09:18 PM
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Join Date: Mar 2020
Location: Leduc County
Posts: 1,079
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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.
__________________
The secret of getting ahead is getting started.Mark Twain
Last edited by Jigsalot; 06-06-2020 at 09:24 PM.
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06-06-2020, 11:05 PM
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Join Date: Oct 2012
Posts: 4,032
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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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06-07-2020, 07:11 AM
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Join Date: Oct 2011
Location: Southern sask.
Posts: 1,432
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Quote:
Originally Posted by CBintheNorth
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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I should have said Ministry Of Labour not OHS my apologies.
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06-07-2020, 07:19 AM
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Join Date: Jun 2007
Location: Ft. McMurray
Posts: 38,576
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Quote:
Originally Posted by wally338
I should have said Ministry Of Labour not OHS my apologies.
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The Alberta Labour Board is where one wants to email or phone in cases like this
Cat
__________________
Anytime I figure I've got this long range thing figured out, I just strap into the sling and irons and remind myself that I don't!
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06-07-2020, 08:03 AM
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Join Date: Nov 2008
Posts: 11,349
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Quote:
Originally Posted by tri777
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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When has it ever been suggested to shut down the general section. Ever?
__________________
“One of the sad signs of our times is that we have demonized those who produce, subsidized those who refuse to produce, and canonized those who complain.”
Thomas Sowell
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06-07-2020, 09:39 AM
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Join Date: Dec 2008
Location: Near Edmonton
Posts: 15,043
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Quote:
Originally Posted by pikergolf
When has it ever been suggested to shut down the general section. Ever?
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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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