[jollygreen]

I often goto the trades section of craigslist and see employees who were not paid during there term of employment, or after leaving there employers.

Seems this is a common problem and want to know after contacting labor relations, what steps occur to claim back pay? just curios on the steps....and how to avoid and protect your self from employers who do not pay for work rendered.

If a employer does not have a time clock and or, pay sheet with company header on it, how can you prove that you worked those hours worked during those last two weeks of employment? I have a feeling that a disonest employer will cheat the hours if the opportunity would arise.

 

[Tehaids]

Well if your quitting the job you should give the employer a letter of resignation. It should have the date you gave it to him and the intended last day of employment. This would be your record for your last two, three, four, etc weeks of employment. If your worried about getting paid for that, make them sign a copy and also state the hours or shift work you will be doing in those remaining weeks.

Always cover your ass with written documentation, cuz in a verbal agreement it comes down to your word against his and that rarely works out the way you want it too.

 

[Badaboum]

dont forget employer needs to give you 2 week pre-advice... The process of having an earing is qui long (2-3 mnounts) then there is 1 meeting to try to find a solution with employer... in my case employer sent 2 lawers. then all I received is some fake claims stating that I had incurred extra cost... was easy to get ride of that but just to have your own lawer answering those letter ends up costing a lot...
I endend up winning my due, but spending more to defend myself... the system suck...

If you dont have your exact timesheets, or if its not about getting something regular (like 40hrs a week) getting paid, or your 2 weeks pre-advice, good luck...

 

[LoryIII]

You don't want Labour Relations, that's for union stuff. You want Employment Standards - http://www.labour.gov.bc.ca/esb/

 

[VanBCguy]

You don't want Labour Relations, that's for union stuff. You want Employment Standards - http://www.labour.gov.bc.ca/esb/

You have to know #1 - what the issue is EXACTLY and then #2 - know whether you fall under Provincial Labour Standards or Federal Standards.

I was fired while on WCB (yes, that's illegal!) by a Federally mandated employer (cross border trucking) in early Jan. of 2009. I've yet to see my monies owed. And the order to pay is upheld by the Supreme Court of Canada. And, the employer is actually ballsy enough to be suing ME in small claims court for something they can't, by law, even sue me for. Money THEY had to pay CRA for their unpaid taxes!

Employers these days are amazingly brazen and crooked. Not all, but many. Desperate times call for desperate measures I suppose.

 

[grumpyguy]

You have to know #1 - what the issue is EXACTLY and then #2 - know whether you fall under Provincial Labour Standards or Federal Standards.

I was fired while on WCB (yes, that's illegal!) by a Federally mandated employer (cross border trucking) in early Jan. of 2009. I've yet to see my monies owed. And the order to pay is upheld by the Supreme Court of Canada. And, the employer is actually ballsy enough to be suing ME in small claims court for something they can't, by law, even sue me for. Money THEY had to pay CRA for their unpaid taxes!

Employers these days are amazingly brazen and crooked. Not all, but many. Desperate times call for desperate measures I suppose.

That sounds like a human rights complaint...

 

[jollygreen]

LoryII, that is the site I was refering to was labor relations.

So, If a employee goes into a company, how can he best have the paperwork in hand from the employer to protect him self from not being paid? I have a issue with a past employer of monies not paid but there are others on craigslist, who are far worse off! IS there a way to profile and do a background check with the employer before working for them?

Doing investigative work without being caught may be a good idea. Having some one represent you then ask employees who are on lunch break such question is "What is your job in the company" or "how many employees work there and how long have most of them worked for the company?"

Its obvious if the company, being small and has five employees, has been in business for 10 years yet, 75% of there employees or more, are there for less then three months. That would send up red flags. Also, same company that advertises over and over and over in the advertising section when you know, there is perhaps 3-4 employees working for that employer, is NOT a place to work for!. I know of two companies I would NOT recommend to anyone to work for based on its culture or management style "Yelling all the time" as one example.

Anyone care to share more advice and to protect your self of unscrupulous employers?

 

[LoryIII]

Law Students' Legal Advice Program
Faculty of Law, University of British Columbia
Vancouver, British Columbia, V6T lZI

Not sure how well this would work but the price is right and they sometimes know what they are talking about. Sorry I don't have a number but that should not be hard to find.