05-04-2007, 12:00 PM
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#1
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Lifetime Suspension
Join Date: Mar 2007
Exp: 
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Vacation Pay Question
I was just curious if anyone has had an experience with a dispute over pay with their employer. I quit my job 4 weeks ago, and I am owed vacation pay. I was a driver for a local company, and my boss finally got in touch with me today after 4 weeks, saying that he wasn't going to pay me due to the fact that I was involved in a minor accident in february, and the company had to pay. He says I should be responsible for the damages, even though it was a company vehicle that i was using on the job, and I never had signed any contract stating I would cover damages incurred at work. Can an employer legally do this? If anyone can help me with my situation, I would greatly appreciate it! 
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05-04-2007, 12:03 PM
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#2
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Appealing my suspension
Join Date: Sep 2002
Location: Just outside Enemy Lines
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Go to the government of Alberta website www.gov.ab.ca and try to find the link for labour relations and get in touch with them. They'll represent you for free and the mere fact that you've went to them will often make your employer cave if they're just trying to screw you over. Thing is most people won't go to them so employers will attempt to pull this stuff and see if you have the guts to call their bluff.
__________________
"Some guys like old balls"
Patriots QB Tom Brady
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05-04-2007, 12:04 PM
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#3
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Norm!
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Quote:
Originally Posted by WinnipegJets
I was just curious if anyone has had an experience with a dispute over pay with their employer. I quit my job 4 weeks ago, and I am owed vacation pay. I was a driver for a local company, and my boss finally got in touch with me today after 4 weeks, saying that he wasn't going to pay me due to the fact that I was involved in a minor accident in february, and the company had to pay. He says I should be responsible for the damages, even though it was a company vehicle that i was using on the job, and I never had signed any contract stating I would cover damages incurred at work. Can an employer legally do this? If anyone can help me with my situation, I would greatly appreciate it! |
He can't do that, basically when you quit they can't pull damages from your pay, thats why he has insurance on his vehicles, to cover damages caused by an employee.
The fact that you left 4 weeks ago and he's hasn't paid you out is highly illegal. He has to have your final pay including vacation pay to you within 5 business days of you resigning.
Did he notify you of this action when you quit? Was the warning in writing? If not you have every right to your vacation pay.
Depending on how much he owes you, you might want to consult a lawyer. But your first step is to get labor standards involved on your behalf.
__________________
My name is Ozymandias, King of Kings;
Look on my Works, ye Mighty, and despair!
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05-04-2007, 12:07 PM
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#4
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Franchise Player
Join Date: Dec 2003
Location: Probably stuck driving someone somewhere
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I would agree with Sylvan - call the government to get things started and/or see what they think.
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05-04-2007, 12:09 PM
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#5
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Lifetime Suspension
Join Date: Mar 2007
Exp:
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Quote:
Originally Posted by RedHot25
I would agree with Sylvan - call the government to get things started and/or see what they think.
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yeah I tried that, but they must be busy as I didn't get through(I was on the line for 30 mins). I just was seeing if anyone has had similiar experience. Thanks for the advice though... 
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05-04-2007, 12:11 PM
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#6
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Franchise Player
Join Date: Dec 2003
Location: Probably stuck driving someone somewhere
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Ahh fair enough....I would stay on hold though with them until you get through, however. I would think that they could provide you with some pretty good info.
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05-04-2007, 12:17 PM
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#7
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Lifetime Suspension
Join Date: Mar 2007
Exp:
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Quote:
Originally Posted by CaptainCrunch
He can't do that, basically when you quit they can't pull damages from your pay, thats why he has insurance on his vehicles, to cover damages caused by an employee.
The fact that you left 4 weeks ago and he's hasn't paid you out is highly illegal. He has to have your final pay including vacation pay to you within 5 business days of you resigning.
Did he notify you of this action when you quit? Was the warning in writing? If not you have every right to your vacation pay.
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He never notified me of this when I quit. I was pretty shocked that he wanted me to pay at least 500.00 out of the blue.
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05-04-2007, 12:18 PM
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#8
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Appealing my suspension
Join Date: Sep 2002
Location: Just outside Enemy Lines
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Call them on a Monday morning first thing before they get too busy. Also if you live in a city where they have an office and if you have the ability go to the government office in person.
Of course you could bluff your employer, tell him you've contacted the labour board and they've informed you that he has to pay you all the monies owed to you. You're being a nice guy giving him a chance to straighten it out now before you send the labour board after him.
__________________
"Some guys like old balls"
Patriots QB Tom Brady
Last edited by Sylvanfan; 05-04-2007 at 12:29 PM.
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05-04-2007, 12:24 PM
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#9
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Playboy Mansion Poolboy
Join Date: Apr 2004
Location: Close enough to make a beer run during a TV timeout
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The bottom line is employers cannot make deductions from your pay other than the usual gov't stuff without your prior consent. Three specific examples:
- One place I worked they made us responsible for cash register shortages. They had to get our consent to take it off our cheques.
- At another place we paid $1.50 per day for meals. We had to sign something to get our cheques to agree to that charge.
- A buddy was once fired from a job and charged with theft. The employer had to pay him his final cheque; even though he had been charged with theft.
Bottom line; they cannot withhold pay without your prior consent.
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05-19-2007, 01:24 AM
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#10
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Lifetime Suspension
Join Date: Mar 2007
Exp:
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Quote:
Originally Posted by Sylvanfan
Call them on a Monday morning first thing before they get too busy. Also if you live in a city where they have an office and if you have the ability go to the government office in person.
Of course you could bluff your employer, tell him you've contacted the labour board and they've informed you that he has to pay you all the monies owed to you. You're being a nice guy giving him a chance to straighten it out now before you send the labour board after him.
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Thanks Sylvan and all others who offered advice to me. I appreciate it. My boss finally paid my vacation pay after 5 weeks. FYI, the employer in question was Water Solutions in Northeast Calgary.
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05-19-2007, 01:46 AM
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#11
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Powerplay Quarterback
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This happened to me, when I quit my job my employer REFUSED to pay me Vacation pay, so I went to the owner of the company and told him that if I didn't get my pay I would take Legal Action (as it had already been a few weeks). So he contacted me and since I had only worked there 1 year they gave me $1000.00 to keep my mouth shut (my vacation pay was only half that - it wasn't the greatest job in the world).
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05-19-2007, 08:20 AM
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#12
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Franchise Player
Join Date: Apr 2004
Location: 127.0.0.1
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Quote:
Originally Posted by WinnipegJets
He never notified me of this when I quit. I was pretty shocked that he wanted me to pay at least 500.00 out of the blue.
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I was going to ask if were an Oiler and your boss ws KLowe. Normally bosses don't ask for money back when you go to another job.
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05-19-2007, 10:32 AM
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#13
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Appealing my suspension
Join Date: Sep 2002
Location: Just outside Enemy Lines
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Glad to hear that everything got straightened out for you.
__________________
"Some guys like old balls"
Patriots QB Tom Brady
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