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post #1 of 10
Thread Starter 

I think I may have an issue on my hands with the last job. I know that by law I am entitled to be paid for the days I worked during this pay period plus 4%.  (the gentleman from the ministry of labour was quite helpful with information)  The thing is... the last place does not seem to be too forthcoming with my paycheque.  I called yesterday afternoon when I knew things would be slow to see if there was a pay for me waiting (as there should be and it should also contain my record of employment) and no one answered.  Fine.  I let it go until today and called again.. this time I got a person and I was told there was nothing there for me and should the owner call me back.  My answer was yes please.  That was four hours ago and I am willing to lay money on the fact that I will not hear from them. 

 

So if I do not hear from them tonight I will email them and ask when I can pick up my pay and ROE.  Depending on the response (if any) that I get I may have to take it to the labour board but I have a bit of a sticky point.

 

I was on salary so I did not sign in or out... just how do I prove to the labour board that I worked the days I said I did and will I end up in a he said/she said kind of scenario?

 

If any of you have been in this or a similar situation please let me know and any advice you all have is much appreciated!

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post #2 of 10
Thread Starter 

I should also add that email correspondence and voice mail with the owner of this place has been less than pleasant and I have saved copies of everything that was said that I took offense to along with my original messages.

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post #3 of 10

What's the 4% for??  I forget, did you quit or get sacked?....here, you get sacked, you are supposed to walk with check in hand.

post #4 of 10
Thread Starter 

It's a hard call.. I sent them a letter stating that i needed to resign effective immediately but would work out my scheduled shifts.  I was told not to bother coming in as I was not needed so I think they fired me because I quit??

 

Regardless according to the ministry of labour I am entitled to my wages for the days I worked plus the 4% which is vacation pay and every industry in this province has to adhere to the 4%. 

 

 

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post #5 of 10

I believe one of  my cooks just went through this kind of thing, in the states.

I'll try to remember to ask him about it tomorrow.

I know he went to the dept. of labor and is getting a nice check, and I think he was salary, so...

 

post #6 of 10
Thread Starter 

I asked about my pay and was told it was there, so when I knew it was quiet I went over and picked it up.   It was for the hours I worked and the 4% vacation pay for the time I was here.  The vacation pay was more than I was expecting and my actual pay was less but in the end I got pretty much what I figured I would.

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post #7 of 10

Wow, nice.

 

I talked to that guy today and it turns out he totally got shafted.

Getting a third of what he actually worked because he wasn't clocked in all the time.

Consider yourself lucky.

From now on I'm clocking in even though I'm on salary.

post #8 of 10

If you resign here in states and then say you will finish the week, you will be told forget it .  I would do also.You in essence quit and are entitled to no unenployment, or bonus unless othr wise stipulated in writing. As far as money owed you get it at end of pay period like everyone else. You come and get it and sign for it. after you bring back any uniforms etc.

Chef EdB
Over 50 years in food service business 35 as Ex Chef. Specializing in Volume upscale Catering both on and off premise .(former Exec. Chef in the largest on premise caterer in US  with 17 Million Dollars per year annual volume). 
      Well versed in all facets of Continental Cuisine...

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Chef EdB
Over 50 years in food service business 35 as Ex Chef. Specializing in Volume upscale Catering both on and off premise .(former Exec. Chef in the largest on premise caterer in US  with 17 Million Dollars per year annual volume). 
      Well versed in all facets of Continental Cuisine...

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post #9 of 10

leeniek,

In any of the jurisdictions in Canada I know (and I don't know Ontario, but I bet it's the same), the law states that you are to be paid everything you are owed within six days, if you quit your job - which sounds like you did. You are entitled to all vacation pay (4% if less than 5 years service, 6% if more than five years) minus statutory deductions (Federal tax, EI and GPP). Vacation pay entitlement is not extinguished if you fail to take a paid vacation equal to your entitlement. If you are fired, you are entitled to the same within 48 hours. Same goes for the ROE. Since you were on salary, you are entitled to be paid from the end of the last pay period until the day you stop working, notice or not. Unless you have a contract, you are not required to give notice. I advise you to look up the Ontario Labor Standards Act, and then consult a lawyer. Sounds like you're getting shafted. I work for a mega global corporation. We have HR gurus coming out of our ying-yang. I deal with this almost every day.

 

As far as your statement "they fired me because I quit" goes, this again, may be a question for a lawyer. Since you did not give notice, and you may not have a contract, you may have quit, even if the employer decides not to keep you past the day of your resignation. It's hard to say. I don't know how long you have been with them, either.

 

Let me know if i can help.

post #10 of 10

Chefedb

The laws are a bit different in Canada. For one, you cannot withhold an emplyee's pay for any reason (unless garnisheed by a court of law), whether they return their uniforms or not - needless to say, we go through a lot of uniforms - and as I stated to leeniek, there are definite limits to how long you can wait to pay an employee who quit.

 

It all depends on the working relationship we have with our employees. I always tell my chefs and managers, and any cook I hire that they are responsible for their own lives. Neither I nor the company pay their bills or lead their lives. If they feel they need to quit for a better job, better prospects, or whatever reason, I will respect that, in fact i will try to help them get ahead in their careers. They owe me nothing, they owe the company nothing. If they quit without notice, and have no good reason, I may not be as benevolent, but I have never had anyone quit on me without a good reason. Most times I got plenty notice, sometimes none, because the person in question had to start their new job immediately, if they wanted to have it. Fair enough. I won't hold it against them. Like I said, in the end we are all responsible to ourselves first, our employer second - or third, or fourth...

 

If we can't get over this and take it personal if someone quits on us, we should not be in the people managing business (that's why being a CHEF is different from being a COOK). Yes, it may be tough, it may throw an extremely large wrench into the works, but in the end we will survive. Live and let live...

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