OT-Does anyone have labour law knowledge?

[Csaks]

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.

Misslissa,

I've been told there is an insurance through the government that employers pay into for just this reason. It is a set amount you can collect. Not 100% but I'll let you know tomorrow.

Chris.

 

[misslissa]

Misslissa,

I've been told there is an insurance through the government that employers pay into for just this reason. It is a set amount you can collect. Not 100% but I'll let you know tomorrow.

Chris.

I hope all the best for you! I know in this instance, there were about 20 employees that all quit getting paid! I also do know that the whole business around construction work is different, but let's hope for good results.

 

[ferris198]

Chris,
You should be eligible for Emplyment Insurance.
The amount isusually 55% of your weekly wages, up to a certain amount, I believe of about $400.00 per week.
You can collect for about 40 weeks I think.
I believe you can apply on-line, then go down to an office.
I think that speeds up the process.
Good luck, things will work out for the best I am sure.

 

[ferris198]

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.

First off I never suggested you were lying, just maybe misguided.
I worked for a firm that went bankrupt, and the employees got nothing,
I wasn't making things diffficult for other posters, but maybe you can prove otherwise. Did you not like my comment ? Maybe it offended you ? Unless you can provide proof such as the name of the company your story is rather hard to fathom.
I know people who are assistants to various ministers in the current government and they have no idea of such program.
Maybe since you seem to have some behind the scenes info you can let us all know.
In the meantime Chris, as one who has been there recently, unfortuanatley there is no wand that can be waved to get you your vacation and severnce.
But you will be able to get Employment Insurance.
I believe you can apply online, and that makes the process faster.
The max amount is 55% of your weekly salary up to about 400.00/week.
you are allowed to collect that for almost a year.
If you have further questions, please e-mail me

 

[misslissa]

First off I never suggested you were lying, just maybe misguided.
I worked for a firm that went bankrupt, and the employees got nothing,
I wasn't making things diffficult for other posters, but maybe you can prove otherwise. Did you not like my comment ? Maybe it offended you ? Unless you can provide proof such as the name of the company your story is rather hard to fathom.
I know people who are assistants to various ministers in the current government and they have no idea of such program.
Maybe since you seem to have some behind the scenes info you can let us all know.
In the meantime Chris, as one who has been there recently, unfortuanatley there is no wand that can be waved to get you your vacation and severnce.
But you will be able to get Employment Insurance.
I believe you can apply online, and that makes the process faster.
The max amount is 55% of your weekly salary up to about 400.00/week.
you are allowed to collect that for almost a year.
If you have further questions, please e-mail me

You obviously know many more things and people, in general, than I. I won't argue with you

 

[digskat]

hey Chris;
I contacted a couple labour lawyers I've dealt with in the past, and this will interest you;

On December 13, 2007, a New Wage Protection Law (Bill C-12) was enacted, ammending the Bankruptcy and Insolvency Act and the Wage Earner Protection Program Act. Under this Act, The new program guarantees the payment of up to $3,000 in wages owed to workers whose employers go bankrupt or into receivership. In addition to the Wage Earner Protection Program, employee's wages will now have a priority higher than secured creditors, up to a maximum of $2,000, so you get your wages before the bank. This is to be dealt with through the Ministry of Labour.
This guarantees wages and pension, but severance may still require a battle through Bankrupcy/Insolvency laws.
Good Luck
Dave

 

[Csaks]

hey Chris;
I contacted a couple labour lawyers I've dealt with in the past, and this will interest you;

On December 13, 2007, a New Wage Protection Law (Bill C-12) was enacted, ammending the Bankruptcy and Insolvency Act and the Wage Earner Protection Program Act. Under this Act, The new program guarantees the payment of up to $3,000 in wages owed to workers whose employers go bankrupt or into receivership. In addition to the Wage Earner Protection Program, employee's wages will now have a priority higher than secured creditors, up to a maximum of $2,000, so you get your wages before the bank. This is to be dealt with through the Ministry of Labour.
This guarantees wages and pension, but severance may still require a battle through Bankrupcy/Insolvency laws.
Good Luck
Dave

Wow,

Now I am totally confused. I talked to someone at the Labour Board and they basically said we are SOL. If we get paid your lucky and once it goes to the trustee they will help us with that but don't hold your breath. I fall under that amount (around $1500).

As for severance, being an hourly worker I do not qualify. That's ok I just want what is due to me is that to much to ask for? It's not going to kill me but that's a mortgage payment or two truck payments.

Don't you just love government.

 

[digskat]

they're great alright. I only had to battle the provincial government, I can't imagine the federal red tape. Contact the firm I recommended, they will give pro-bono advice over the phone, and may even recommend a firm closer to you.

 

[bababear_50]

Best thoughts and Pixie Dust

is being sent your way Hon. I know this sounds crazy but what exactly do you do in the construction industry? I only ask because there is alot of stuff I need to get done around my house and never know who to call,stuff like installing new laundry room air fans or bathroom air fans --new windows --that kind of stuff.
How is the Construction Industry doing currently? Wishing you a new job very fast. Keep being positive !!!HUGS
Mel

P.S I was laid off a few years ago--felt like the end of the world to me but I'm happier now and making more money than before but it did teach me alot of valuable lessons.Keep your chin up!!

 

[Daisy*Duck*y]

First of all, to the OP, I would like to say that you have my sympathies. I hope you find another job very soon, and hopefully with another employer who treats you well. My only advice to you would be to contact a lawyer, which has already been suggested.

My main reason for posting is that I take issue with this suggestion:

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 ; )

His boss was _crying_ at the meeting where he told everyone they were fired. The OP said that his boss treated him well. You suggest to do this? What kind of a person are you? Are you that callous? Is this how _you_ would treat an employer who treated you well?

Rest assured, the boss will be suffering. I know people who have had to go out of business, and it is not pretty, whether you go into bankruptcy or not. It is probably more than someone like yourself can handle. As a matter of fact, I don't think you realize how difficult running a business can be. It is an endless job, you don't really get a weekend "off", never mind a real vacation, because even if you do manage to get away you always have to be in close contact with your business.

Oh, and many of the small and medium sized business owners I know care a _lot_ about their employees (The boss in question sounds like he is one of these). They know how much their employees are depending on them, and how much their employees families are depending on them. How would you feel if you had that much responsibility on your shoulders? Think about it for a bit.

Too many adults act like spoiled children when it comes to a good job. They don't appreciate it, they expect it. Well, many good jobs are draining away, so appreciate it if you have one, and be sure to prepare for the possibility of being unemployed. If you are like most people, there are no lifetime guarantees of a good job.

 

[digskat]

If you want to decifer the legalese, here is the Wage Earner Protection Portion of the new Act, as it passed assent.

http://www2.parl.gc.ca/HousePublica...l=39&Ses=2&Mode=1&Pub=Bill&Doc=C-12_4&File=44

87 sections 8-14 are of interest to you, they pertain to the method of applying and appeals process.

 

[Csaks]

First of all, to the OP, I would like to say that you have my sympathies. I hope you find another job very soon, and hopefully with another employer who treats you well. My only advice to you would be to contact a lawyer, which has already been suggested.

My main reason for posting is that I take issue with this suggestion:


His boss was _crying_ at the meeting where he told everyone they were fired. The OP said that his boss treated him well. You suggest to do this? What kind of a person are you? Are you that callous? Is this how _you_ would treat an employer who treated you well?

Rest assured, the boss will be suffering. I know people who have had to go out of business, and it is not pretty, whether you go into bankruptcy or not. It is probably more than someone like yourself can handle. As a matter of fact, I don't think you realize how difficult running a business can be. It is an endless job, you don't really get a weekend "off", never mind a real vacation, because even if you do manage to get away you always have to be in close contact with your business.

Oh, and many of the small and medium sized business owners I know care a _lot_ about their employees (The boss in question sounds like he is one of these). They know how much their employees are depending on them, and how much their employees families are depending on them. How would you feel if you had that much responsibility on your shoulders? Think about it for a bit.

Too many adults act like spoiled children when it comes to a good job. They don't appreciate it, they expect it. Well, many good jobs are draining away, so appreciate it if you have one, and be sure to prepare for the possibility of being unemployed. If you are like most people, there are no lifetime guarantees of a good job.

Funny you should say this because it turns out one of the supervisors took everyone over to the local Petro-Can and filled up a bunch of people cars. He has been told the money has been taken off his last check, it was pretty stupid if you ask me but looks good on him. He told the office he is holding on to the company truck until he gets his money, they laughed and said they will just tell the repo company where he lives and they can go find it. I don't know if it is legal or not holding his pay.

As I said before, for a non-union company we had comparable benefits, wages and RRSP plans. He kept most of the senior guys working over the winters when maybe he should not have. There was a time this winter when I did not turn on a machine and was sweeping floors and picking up garbage at twice the rate of one of our labourers. So kicking a guy when he is at his lowest when he was good to me just doesn't sit well, he had every right to lay me off for 6 weeks and didn't. A few people are just starting to realize how good they had it as they are looking for a new job, I already knew because I've been in this business for 18yrs.

I talked to him this morning and he said he was going to pay me everything I am owed, so I guess I wait and see. He's never given me a reason not to trust him so I will again.

I have a job to go to next week but it is not ideal. It pays the bills but thats about it. It's close to home and the Tonka Toys are much bigger . Going to keep looking for something better.

Thank you,
Dave and all others for your input, information and well wishes. I knew I could count on the Dis Canadian Board.

 

[misslissa]

Rest assured, the boss will be suffering. I know people who have had to go out of business, and it is not pretty, whether you go into bankruptcy or not. It is probably more than someone like yourself can handle. As a matter of fact, I don't think you realize how difficult running a business can be. It is an endless job, you don't really get a weekend "off", never mind a real vacation, because even if you do manage to get away you always have to be in close contact with your business.

Oh, and many of the small and medium sized business owners I know care a _lot_ about their employees (The boss in question sounds like he is one of these). They know how much their employees are depending on them, and how much their employees families are depending on them. How would you feel if you had that much responsibility on your shoulders? Think about it for a bit.

Too many adults act like spoiled children when it comes to a good job. They don't appreciate it, they expect it. Well, many good jobs are draining away, so appreciate it if you have one, and be sure to prepare for the possibility of being unemployed. If you are like most people, there are no lifetime guarantees of a good job.

Daisy, if you paid any attention to the post you are quoting, you will see that it was a joke. In general, that's why people go after a comment.

 

[misslissa]

I talked to him this morning and he said he was going to pay me everything I am owed, so I guess I wait and see. He's never given me a reason not to trust him so I will again.

I have a job to go to next week but it is not ideal. It pays the bills but thats about it. It's close to home and the Tonka Toys are much bigger . Going to keep looking for something better.

Thank you,
Dave and all others for your input, information and well wishes. I knew I could count on the Dis Canadian Board.

Yay! I'm so happy to hear!!!!!!!! Good luck in the job search.

 

[maggieb9975]

Hi Chris, I am so sorry to hear about your circumstances. It sounds like your employer is one of the good ones.....

I was one of those big bad "Government Workers" I worked for the HRDC Unemployment office. (retired now)

Depending on how many employees are laid off there is different levels of help from EI. Before I retired one of my main functions was bringing staff into an Employers place of business and do the following:

1. Streamline the applying for EI (computerized forms all filled out based on info from Employer. Explain how benefits work and what can be done to help you find work.
2. Liaison with other dep'ts about your legal rights etc.
3. Provide info on the labour market, trends in employment etc. Advise where there may be jobs etc.

Every EI office has different criteria as to how much on-site help they can offer etc. but when there are large layoffs we have set up an onsite help office.

Have your employer or personnel office/accountant give them a call.
Good luck , I hope everything works out for you...

 

[crash2000]

First of all, to the OP, I would like to say that you have my sympathies. I hope you find another job very soon, and hopefully with another employer who treats you well. My only advice to you would be to contact a lawyer, which has already been suggested.

My main reason for posting is that I take issue with this suggestion:


His boss was _crying_ at the meeting where he told everyone they were fired. The OP said that his boss treated him well. You suggest to do this? What kind of a person are you? Are you that callous? Is this how _you_ would treat an employer who treated you well?

Rest assured, the boss will be suffering. I know people who have had to go out of business, and it is not pretty, whether you go into bankruptcy or not. It is probably more than someone like yourself can handle. As a matter of fact, I don't think you realize how difficult running a business can be. It is an endless job, you don't really get a weekend "off", never mind a real vacation, because even if you do manage to get away you always have to be in close contact with your business.

Oh, and many of the small and medium sized business owners I know care a _lot_ about their employees (The boss in question sounds like he is one of these). They know how much their employees are depending on them, and how much their employees families are depending on them. How would you feel if you had that much responsibility on your shoulders? Think about it for a bit.

Too many adults act like spoiled children when it comes to a good job. They don't appreciate it, they expect it. Well, many good jobs are draining away, so appreciate it if you have one, and be sure to prepare for the possibility of being unemployed. If you are like most people, there are no lifetime guarantees of a good job.

well, in my limited experience, construction companies, come and go, and usually when they go bankrupt, they screw there employees, then open under a different name or a numberer ed company, and hire new employees at a lesser wage...

steve

 

[ronandannette]

well, in my limited experience, construction companies, come and go, and usually when they go bankrupt, they screw there employees, then open under a different name or a numberer ed company, and hire new employees at a lesser wage...

steve

Your experience must be limited indeed; limited to rumors, nasty innuendo and gossip.

I've been in the residential construction industry in Calgary my entire adult life. My husband and I recently folded-up our design-build firm after 12 years. (Blessedly, we haven't had any staff for a while and all our trades and suppliers were long since paid.) For small guys in this business it is always the same; you go from one cash-flow crisis to the next waiting for the giant chunks of cash (called "draws or progress payments") you're owed by clients who just don't see any urgency to pay as long as the building keeps going up. You can't just pull off a job-site; they'll walk away entirely and keep the progress that's in place. As long as there's any shot whatsoever at collecting you keep working and any reserve you've built up (along with personal lines of credit, credit card draws and loans from friends and family) goes to pay staff and keep your supplier accounts in good standing.

You and your family go without so that for as long as possible your valued employees can continue on as normal, and you're grateful that they never know how many times they've dodged the bullet. Not sure about the OP, but our staff took more nice vacations than we ever did. Metaphorically, you keep driving the thing until it's so far in the ditch you run out of gas. This seems to be what happened in the situation the OP described.

As for your ridiculous comment, yes, some guys do manage to climb back out the hole and get on their feet again and WHY SHOULDN'T THEY? What would you suggest? That they end their lives in the shame and despair of it all? That happens too - believe me. Starting up again is NEVER an over-night process and NEVER something that either the courts or the local regulatory bodies make easy. As for us, we both went back to working for wages and are subject to perhaps being on the other end of the stick at some point as the market continues to tank here in Calgary.

For Csaks - my prayers are with you and your fellow workers and especially with your old boss. May all of you maintain your character and integrity through this terrible time.

Annette

P.S. Don't come West looking for work; that would be a BAD idea.

 

[digskat]

Chris- I am happy to hear everything has worked out with your former employer, sounds like he is an honourable guy. Glad I could help in any small way, I hate seeing a fellow Disney fan in trouble. Good luck in the job hunt, I'll keep you posted on any news from my friend.

Annette- My father was also the owner of a small construction company, and he took pride in his company and employees. He attended kids birthdays, weddings, etc, and was always there to lend a hand, or dollar when they needed. I worked for him as a teenager, and he eventually sold off the company for more secure work (and to avoid another ladder). After highschool, I worked for a couple other companies during my summers, and learned that not all are that way. A former schoolmate, who moved back to the area and started a new company. After a year in the area, he skipped town, with $2500 in debt to employees, $50000 to customers, and $25000 to sub-contractors and suppliers. A couple months later, he opened another company (his 3rd), in the Toronto area
Two summers later, I was laid off from a local industry, and fell back on my construction experience. I took a job building houses for a long standing company, who had recently been taken over by the original owner's son. He was a tyrant, who cut all sorts of corners (at the customer's expense) to fund his new corvette, and his side interest - restoring his own homes. He would charge a customer for a dumpster, then move it to his home, and bill them for dumping. I was fortunate to get a better paying and permanent (16 years to date) job, and left after 5 months. 6 years later, he disappeared leaving 10 employees out of work and out of wages. He had over $75000 in debts to sub-contractors and suppliers.....and left his wife and kids to suffer the consequences. He has recently reappeared about 4 hours away from here, with a new family and new company.
My brother and nephews, moved to the Calgary area 2 years ago, and were fortunate to get hired by a great construction company out there. My brother does framing and heavy machinery, and my nephews do soffet and fascia. They love their jobs, and the city. My other brother's son moved there 3 months ago, and is doing landscaping for the same company. Some companies are great, some aren't, and many people can give stories for each side.

 

[Csaks]

"For Csaks - my prayers are with you and your fellow workers and especially with your old boss. May all of you maintain your character and integrity through this terrible time."

Thank you Annette.


"P.S. Don't come West looking for work; that would be a BAD idea."

You don't have to worry about that, we did that when I was a kid in the early eighties and hated it. We were so isolated from friends and family, everyone is here. Don't get me wrong if I could transfer all the people I know out there, an hour from the mountains and streams I would in a heartbeat.

 

[Csaks]

My grandfather had his own company in the early seventies, Riga Construction to be exact. He fell on hard times and did not go bankrupt, he was old school and did not believe in it. He felt he owed the money and out of honour or whatever he worked for others and side jobs to make sure everyone he owed was paid.

I have also seen first generation immigrants build a company up from nothing have it going strong and hand it over to a son and watch it blow up due to excess and arrogance in a matter of a few years. I also know of two crooks and I do mean crooks who buried companies, stashed money and opened up the next week under a new name with the same old machines, trucks and shop. This business is full of all kinds of people some good, some bad and some just nasty.

For those of you still interested in my little saga, I went to the office on Friday, sat down with Dennis and had the wierdest talk ever. He said as I walked in his office " Don't ever start your own business!" followed with "Are you and Amy going to be OK?" The next half an hour he explained what happened, was not to happy with a project manager but the buck stopped at his desk. I found myself trying to cheer up my old boss and feeling bad for his family and him. It hits a little harder for me because I know his kids and wife from all our company parties and get togethers. I'll survive and I'm sure he will to but it's going to be alot easier for me.

I also was paid all that was owed to me. We shook each others hand and bid each other good luck.

Doesn't life just suck sometimes.


Chris.