OT-Does anyone have labour law knowledge?

[Csaks]

Well this week has been a gut wrenching eye opener. The company I've worked for the last 5yrs and that has been operating for 21yrs just shut the doors. My boss had us all come to the office Thursday morning, stood in front of 20 construction workers and balled his eyes out while he said he was sorry he couldn't keep it going and we needed to find ourselves new jobs. I almost started to cry watching this man, I cannot imagine what it feels like to have something you have built up for twenty years disappear just like that.

For me finding a job is not the problem but finding the right one is. I was treated very well here and my industry is not known for that unless you are unionized.

My question is I am owed vacation pay and three days pay from the last pay period, am I SOL or is there a way to get what is owed to me?

I have never been through this before so I hope someone can point me in the right direction.

I hope I don't have to cancel this years trip, DVC is now out of the question .


Chris.

 

[brighteyes]

I am very sorry to hear this, and I hear you about finding the right job. What an awful situation.

My first suggestion would be to call the Ministry of Labour first thing and ask them. I am not sure if this is the department to help you but that is who I would call.

Or it would be the Human Resources Development (the department that deals with unemployment) might be able to help you.

Good luck to you, I hope you get your final pay that is owed to you and find a good job.

Stephanie

 

[laura001]

Has the company been declared bankrupt??? If so, that puts a different light on things as far as what your options are, I believe.

If not....the company owes you what you mentioned and I would believe (not 100% sure) some kind of severence package.

Hopefully you can find all of this out, I would call either the employment center or the labour board (you can probably find the info online) as to what your entitlements are.

Wishing you "good thoughts"

 

[Csaks]

Laura001,


In part of his talk with us was he didn't want us working anymore because at that time he could not be sure he could pay us the next pay period. He was trying to find money or investors but he wasn't sure he could pull it off and wanted us to take care of ourselves. If he could pull it off and we were available he would love to have us back to help get the company back on it's feet but if not he understood.

From the rumour mill he will declare on Mon. or Tues. Word got out and in the construction business it spread fast. Suppliers and sub-contractors froze everything, also your reputation is everything and any sign of trouble they run for the hills. I guess thats the same everywhere but he's been good to people and I thought some of them would help him out.

The problem was we are constructing a very large building for a new client and he has a habit of not paying on time and it caught up to my boss. Apparently we are not the first company this guy has done this to.

If he has no money who pays?

I'm sorry I just don't understand how this all works.

Chris.

 

[laura001]

If he does declare bankruptcy then employee's are put into the pool of who he owes $$$$ to. Not sure where on the list employee's end up, probably determined by amount owing.

If he hasn't declared, he would end up having to liquidate and pay off creditors including employee's etc.(which is what will happen anyway if he declares) Again, I am not an authority on this by any means, I would check out your exact options ASAP with the labour board.

I think it is unfortunate that the employee's are the ones that end up with the short end of the stick. Did your employer give you all your paperwork for UI???

 

[Csaks]

Not yet, I would suspect that will come Monday.
We all still need to hand in our cell phones, credit cards and anything else that is the company's.

Chris.

 

[laura001]

Again, check out your options before handing anything in etc.

 

[crash2000]

tell him, when he pays you your vacation, pay and back time, you'll hand in the stuff, and keep filling up your car with gas on his credit card until then ; )

 

[ferris198]

Years ago, I worked for an airline that went bankrupt.
Employees were basically last on the list in terms of creditors.
I was owed a few grand, and got nothing.

 

[Csaks]

Years ago, I worked for an airline that went bankrupt.
Employees were basically last on the list in terms of creditors.
I was owed a few grand, and got nothing.

Depressing but I guess it could be worse for me, I think I'm owed around the thousand dollar amount.

 

[Csaks]

tell him, when he pays you your vacation, pay and back time, you'll hand in the stuff, and keep filling up your car with gas on his credit card until then ; )

I'm too honest for my own good can't I get in trouble for that?

 

[misslissa]

Hello fellow Durham resident! I live just down the road in Brooklin!

That certainly is a gut wrenching experience. I am really sorry to hear about what you are going through. Before you go in to hand anything in, contact the labour board and find out what your options are.

Here is a list of offices: http://www.labour.gov.on.ca/english/about/reg_offices.html

From what I have heard from others previously, I believe in these situations, the labour board may cut you a cheque for what you are legally entitled to. Again, from what I have heard, you are most likely entitled to both 2 weeks pay in lieu of advance notice of losing your job and also your vacation pay owing.

 

[ferris198]

According to the Minsitry of Labour, construction workers do not qualify for termination pay.

 

[digskat]

Chris I am unfortunately not of much help in answering your question, Dave might be. But I just wanted you to know that I am thinking of you and wish you all the best in finding a new job and getting your pay. I am a great believer in all things happen for a reason. Take Care and know that you are in our thoughts and prayers Kathy

 

[Csaks]

Chris I am unfortunately not of much help in answering your question, Dave might be. But I just wanted you to know that I am thinking of you and wish you all the best in finding a new job and getting your pay. I am a great believer in all things happen for a reason. Take Care and know that you are in our thoughts and prayers Kathy

Thank you and everyone else for the good thoughts, advice and places to look up information. I am a firm believer in the things happen for a reason. So the good stuff can start anytime soon.................... I'm waitingggggg .


This better not effect this years trip or I'm going to be really bummed.

Chris.

 

[ferris198]

From what I have heard from others previously, I believe in these situations, the labour board may cut you a cheque for what you are legally entitled to. Again, from what I have heard, you are most likely entitled to both 2 weeks pay in lieu of advance notice of losing your job and also your vacation pay owing.[/QUOTE]

It is rather unlikely that the government will cut a cheque for what is owed.
Usually when a business is at a point when they have to file for bankruptcy the government is one of the creditors owed money to.
They make sure they get their cut before anyone else does.
They sure as he.. aren't going to give any back.

 

[iluvwesties]

Hi Chris,

I don't have any advice for you, but wanted to wish you all the best

As another poster mentioned "Sometimes when one door closes, another one opens"

Hoping this is the way it is for you

Take care and let us all know how things progress

iluvwesties (aka Carol)

 

[misslissa]

It is rather unlikely that the government will cut a cheque for what is owed.
Usually when a business is at a point when they have to file for bankruptcy the government is one of the creditors owed money to.
They make sure they get their cut before anyone else does.
They sure as he.. aren't going to give any back.

I heard of this happening when there was dispute in wages owed. The gentleman who had it happen was working for someone who simply stopped paying him at some point. He marched down to the Labour Board, and was shocked to get a cheque cut out for him right on the spot! While it is hard to get money from the government, I guess if all of the situation is aligned in a way that they know they'll get their money, they will intervene.

It doesn't hurt to check with them for all of the options available to you!

 

[ferris198]

I heard of this happening when there was dispute in wages owed. The gentleman who had it happen was working for someone who simply stopped paying him at some point. He marched down to the Labour Board, and was shocked to get a cheque cut out for him right on the spot! While it is hard to get money from the government, I guess if all of the situation is aligned in a way that they know they'll get their money, they will intervene.

It doesn't hurt to check with them for all of the options available to you!

Again, highly doubtful then all employers would stop paying wages.

 

[misslissa]

Again, highly doubtful then all employers would stop paying wages.

Do you think I'm lying? Why would I bother? It happened.

You know, you don't have to make things difficult for other posters.