Giving 2 weeks notice and being let go before 2 weeks

[Hessen]

Originally Posted by Ducay

I have no idea if this is illegal, but holy moley that's weird. Most places I've worked you get paid out whatever notice time they don't want you to work.

I've seen this at a few companies over the years. Usually either a 2 or 4 week holdback.

In your situation you would get the 6 weeks pay as well as the remaining 2 weeks of notice pay.

[cam_wmh]

Originally Posted by MacDaddy77

I have been there for 7 years and out pay structure is a 6 week holdback. Essentially when I started 7years ago I didn't receive a chexk for 6 weeks. When I leave I get paid out 6 weeks at once.

I'm just wondering if by not paying me for both weeks of my notice am I getting screwed out of pay

Are those 6 weeks at 2014 salary or 2007 "hold back" salary?

[CaptainCrunch]

Originally Posted by MacDaddy77

I have been there for 7 years and out pay structure is a 6 week holdback. Essentially when I started 7years ago I didn't receive a chexk for 6 weeks. When I leave I get paid out 6 weeks at once.

I'm just wondering if by not paying me for both weeks of my notice am I getting screwed out of pay

Woowsers, did they make you sort coal with your tiny hands and unclog machines?

So so very illegal.

If someone told me that they were holding back 6 weeks pay, the first thing out the door would be my box o possessions.

[Galakanokis]

I have heard of two weeks hold back but never 6, that's insane. It will come in handy now that you should essentially walk away with two months pay or at least you better.

Talk to HR and make sure everything is on the up and up. Although I find HR's role nowadays is to figure out how best to screw over the workers.

[burn_this_city]

6 weeks is absurd, I'd be out the door instantly. Most people would be dipping into LOC to get by with that kind of delay.

[wretched34]

Originally Posted by calgarygeologist

This should cover your situation:

http://work.alberta.ca/documents/Ter...emp-Layoff.pdf

It's all right here, if you've been there 7 years, and are entitled to termination notice/pay, the minimum they can pay you is 5 weeks, plus your insane 6 week hold back at your current rate.

[Canehdianman]

Originally Posted by wretched34

It's all right here, if you've been there 7 years, and are entitled to termination notice/pay, the minimum they can pay you is 5 weeks, plus your insane 6 week hold back at your current rate.

and that is the notice period that they are required by statute to provide.

Under common law, sometimes the notice period is much much greater.

I'd recommend giving the lawyer referral line a call and talking to a few of the lawyers who respond. You'll get to talk to up to 3 lawyers for free for 30 minutes.

403-228-1722

[Locke]

Originally Posted by wretched34

It's all right here, if you've been there 7 years, and are entitled to termination notice/pay, the minimum they can pay you is 5 weeks, plus your insane 6 week hold back at your current rate.

WTF is with employers these days?

I just had a client come into my office who got laid off as a long-haul truck driver from a company he worked for for 18 years because he got cancer.

He was at a high pay grade, got sick and so they found a reason to give him the bum's rush.

Its not terminal and he'll likely be fine after he takes the time required to heal but they found, in my opinion a quite dubious, reason to fire him.

Why does a regular working guy have to get a lawyer to threaten his employer to be treated fairly?

[nickerjones]

Originally Posted by CaptainCrunch

Woowsers, did they make you sort coal with your tiny hands and unclog machines?

So so very illegal.

If someone told me that they were holding back 6 weeks pay, the first thing out the door would be my box o possessions.

I don't think it's that bad or uncommon. I worked as a Landman in the states. At every land broker I worked for there was always a 6 week hold back. Not sure if the same situation here but brokers sent invoices to the companies that hired them every 30 days, then it took 15 days for the company to pay the invoice. You didn't get your first paycheck until the broker got paid by the company it was contracted by.

I don't know what would happen if the company your broker was for didn't pay. It never happened in my case. It always worked out because if the broker ran out of work or I changed brokers I wouldn't be in the lurch for another 6 weeks because I was being paid from the previous broker out of my holdback.

[Tron_fdc]

Originally Posted by Locke

WTF is with employers these days?

I just had a client come into my office who got laid off as a long-haul truck driver from a company he worked for for 18 years because he got cancer.

He was at a high pay grade, got sick and so they found a reason to give him the bum's rush.

Its not terminal and he'll likely be fine after he takes the time required to heal but they found, in my opinion a quite dubious, reason to fire him.

Why does a regular working guy have to get a lawyer to threaten his employer to be treated fairly?

Probably one of those things where it's cheaper to pay a lawyer and a settlement, than it is to pay severance.

I blame the lawyers, naturally.

[burn_this_city]

Originally Posted by Locke

WTF is with employers these days?

I just had a client come into my office who got laid off as a long-haul truck driver from a company he worked for for 18 years because he got cancer.

He was at a high pay grade, got sick and so they found a reason to give him the bum's rush.

Its not terminal and he'll likely be fine after he takes the time required to heal but they found, in my opinion a quite dubious, reason to fire him.

Why does a regular working guy have to get a lawyer to threaten his employer to be treated fairly?

More often than not people think they'll lose if they sue. Also someone sick probably doesn't want to deal with the hassle.

[rayne008]

Originally Posted by wretched34

It's all right here, if you've been there 7 years, and are entitled to termination notice/pay, the minimum they can pay you is 5 weeks, plus your insane 6 week hold back at your current rate.

Where are you seeing this?

The employee gave notice, gave the required 2 weeks.
No mention of anything else...

[DuffMan]

I've never even heard of a company holding your wages for your first few weeks, until this thread.
It reminds me of the old days when waitresses had to pay the bar to work there for the tips.

[Hessen]

Originally Posted by rayne008

Where are you seeing this?

The employee gave notice, gave the required 2 weeks.
No mention of anything else...

I agree.

You are only entitled to termination pay if the employer initiates. If you quit your job I don't belive you are entitled to anything other than the holdback pay.

[Locke]

Originally Posted by Tron_fdc

Probably one of those things where it's cheaper to pay a lawyer and a settlement, than it is to pay severance.

I blame the lawyers, naturally.

Its never cheaper to pay a lawyer nevermind a settlement. After paying legal fees, if you lose you have to reimburse the other party's legal fees, the settlement which is usually what you'd have had to pay them anyways and then plus damages.

Originally Posted by burn_this_city

More often than not people think they'll lose if they sue. Also someone sick probably doesn't want to deal with the hassle.

Oh, I get that. I used to be one of them until I ran into an issue with a long time employer. It shouldnt have to come to that though.

I have found after a prolonged legal battle with a former employer that screwing employees doesnt benefit anyone.

[comrade]

Just for my own education, what reason could a company have to try and justify withholding the first 6 weeks of pay? I can't think of anything other than to try and screw employees somehow.

[comrade]

Originally Posted by nickerjones

I don't think it's that bad or uncommon. I worked as a Landman in the states. At every land broker I worked for there was always a 6 week hold back. Not sure if the same situation here but brokers sent invoices to the companies that hired them every 30 days, then it took 15 days for the company to pay the invoice. You didn't get your first paycheck until the broker got paid by the company it was contracted by.

I don't know what would happen if the company your broker was for didn't pay. It never happened in my case. It always worked out because if the broker ran out of work or I changed brokers I wouldn't be in the lurch for another 6 weeks because I was being paid from the previous broker out of my holdback.

Your case doesn't quite sound the same. For you it sounds like you get your first pay check after six weeks and it covers your first month of work. For him it sounds like his first pay check came after eight weeks (assuming biweekly pay) and covers his seventh and eighth week of work. They haven't yet paid him for weeks one to six of work.

[ken0042]

Originally Posted by comrade

Just for my own education, what reason could a company have to try and justify withholding the first 6 weeks of pay? I can't think of anything other than to try and screw employees somehow.

See Nickerjones' explanation above.

[DuffMan]

Originally Posted by comrade

Just for my own education, what reason could a company have to try and justify withholding the first 6 weeks of pay? I can't think of anything other than to try and screw employees somehow.

damage deposit.