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Employment Problem: Help!

Posted: Wed Oct 22, 2003 5:55 am
by emiratesa345
The other night a friend of mine walked out of his job, because he had it with being talked down to by the owner of the store. He simply tore off his shirt, and left.

Today he went to pick up his pay cheque, however they refuse to give it to him. Is this legal?

They said that because he walked out, they do not have to give it to him.

Thanks for your help!

EmiratesA345 Smile

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 5:58 am
by andersjt
Not sure of the laws in Canada, but in the U.S. his employer would be required to pay any wages owed up until the time he walked off the job.


RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 6:02 am
by Qb001
It's totally illegal; they have to pay him no matter what happened.

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 6:03 am
by JetService
I don't know about Canada, but in the US withholding a final check for hours worked is not legal. However, some companies' payrolls are set up to pay for the coming pay-period; not the past pay period. If this is the case, then he would not be entitled to a check.

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 6:19 am
by captaingomes
I don't think that is legal either, however good luck to your friend in going to court to fight for his money. That will take time and will cost money too. The company is probably banking on it that.

Is it an established company?

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 6:21 am
by emiratesa345
It is an East Side Mario's Franchise. The location I will not disclose.

EmiratesA345 Smile

Go on MSN Captain.

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 6:22 am
by captaingomes
LOL, no msn, got work to do!

Boycott East Side Marios!  Big grin

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 6:24 am
by Qb001
Restaurants.... They do that. The same happened to me once, 17 years ago. In which province did that happen? If in Québec, tell your friend to call there.

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 6:26 am
by emiratesa345
"There's more to discover, you're going to love it, in Ontario!"

EmiratesA345  Big grin

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 6:38 am
by JetService
Oh this happened in Quebec? Well the problem is that after taxes were taken out, there was no money left anyway.

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 6:45 am
by vaporlock
EmiratesA345, no it is not legal for the company to hold any monies owing to the employee.

I used to be a manager and it is NOT legal. Tell your friend to call the Law Society of Upper Canada and get some FREE legal advice. Then he can even try having someone i - an adult call and even say they are calling on behalf of Such n' Such law firm and that legal action will be taken if the funds owing to the employee are not paid within 10 days or the time period that the employee was regularly being paid on.

That may work....but never the less........the company cannot hold back earnings.

Phyllis  Smile/happy/getting dizzy

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 6:55 am
by Qb001
JetService,

First, it did not happen in Québec.

Second, taxation in Québec is such that people in the lower scales of income (such as someone working in a restaurant) pay LESS taxes in Québec than they do in Ontario. Only those in the upper scales will pay more.

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 7:33 am
by emiratesa345
Thank you all for your advice. I'll pass it on to him.

EmiratesA345 Smile

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 7:56 am
by JetService
Qb001, I understand, but it was so fun being a smartass  Big grin

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 7:57 am
by Qb001
Qb001, I understand, but it was so fun being a smartass

Ok, I roger that.

RE: Employment Problem: Help!

Posted: Wed Oct 22, 2003 8:41 am
by rojo
In Mexico, if you don´t get your check, you can go to court and if you win (which is pretty obvious) you will get your check plus your salary of the time it took you to go to court and get your check. So if court takes one year, the employer needs to pay one year salary plus the severance money.