Suing an Employer? | GTAMotorcycle.com

Suing an Employer?

vociferous

Well-known member
So the situation

I have money enough to not need to work. i work to stay busy . so i didn't pay enough attention to my pay cheques. the business is a small (3 employees. the owner/boss, shopkeep, and tech/me). i've been there since end of april.

turns out i've been shorted almost $4000 going back to late april. i was paid 5 times (those cheques did clear) since i started (late april).
she has bounced the last couple cheques, or they have not been otherwise valid. i have not been paid at all since mid. aug
i never received pay stubs. other employees never received T4's or pay stubs going back several years.
i doubt that my deductions were paid (it was deducted from the cheques). i never received vacation pay.
i had my "ducks in a row", hours worked, wages paid/bounced, evidence etc in a spreadsheet.

i've told my boss/owner that i need to get paid up. she told me friday. i told her i wanted post-dated cheques. she refused. i asked for collateral. she got violent. she threw books, product, tools, etc at me, tore stuff off the walls and more. she was about to hit me, but caught herself.

her **** buddy stopped by with her lunch (he lives close). he was able to get her to go to her office and calm down a bit. i wanted some sign of good faith that i would be paid. in the end he gave me $1000 (good faith via email deposit) to leave and to come back on friday when she'll have the money. when the transfer was made the memo siad it was in trust of future payment. it was not a settlement

i plan on returning the $1000 when i get fully paid, not deducting it from the outstanding pay.

the business is almost dead. bills aren't getting paid, suppliers have been stiffed, utilities have been shut off (except hydro). i would be surprised if it saw christmas. i almost expect her to just bankrupt the place to stiff me.

i think i've also been fired as a result of the scene. does this affect EI?

i plan on filing a ESA complaint. not sure when. need to be paid first.

what else do i do?
 
You have enough money not need to work and are worried about 4K? Am I missing something?
 
You have enough money not need to work and are worried about 4K? Am I missing something?

It is his money that he earned?

This is a difficult one because the lawyer may be more expensive that $4k.
And without lawyer it may be hard.
Anyway, move fast filing papers before she declares "chapter 11".
 
The more alarming part is that this guy with 'enough money' is still concerned about collecting future EI after only working the job since April.

Heh. I really hope you've been contributing to EI longer (much longer) than that.
 
The more alarming part is that this guy with 'enough money' is still concerned about collecting future EI after only working the job since April.

Heh. I really hope you've been contributing to EI longer (much longer) than that.

Why walk away from what is yours because someone else misread their ability to run a business? What's left will only go to the secured creditors first. I'm not sure where employee pay is in the pecking order.

The legal system is slow so grab what you can now. If it's as bad as it sounds there won't be anything left.

EI is fuzzy. Is asking for your paycheck considered just cause for dismissal? I think not.

Could you buy the assets for your wages due and run the business better yourself?
 
...
 
So the situation

I have money enough to not need to work. i work to stay busy . so i didn't pay enough attention to my pay cheques. the business is a small (3 employees. the owner/boss, shopkeep, and tech/me). i've been there since end of april.

turns out i've been shorted almost $4000 going back to late april. i was paid 5 times (those cheques did clear) since i started (late april).
she has bounced the last couple cheques, or they have not been otherwise valid. i have not been paid at all since mid. aug
i never received pay stubs. other employees never received T4's or pay stubs going back several years.
i doubt that my deductions were paid (it was deducted from the cheques). i never received vacation pay.
i had my "ducks in a row", hours worked, wages paid/bounced, evidence etc in a spreadsheet.

i've told my boss/owner that i need to get paid up. she told me friday. i told her i wanted post-dated cheques. she refused. i asked for collateral. she got violent. she threw books, product, tools, etc at me, tore stuff off the walls and more. she was about to hit me, but caught herself.

her **** buddy stopped by with her lunch (he lives close). he was able to get her to go to her office and calm down a bit. i wanted some sign of good faith that i would be paid. in the end he gave me $1000 (good faith via email deposit) to leave and to come back on friday when she'll have the money. when the transfer was made the memo siad it was in trust of future payment. it was not a settlement

i plan on returning the $1000 when i get fully paid, not deducting it from the outstanding pay.

the business is almost dead. bills aren't getting paid, suppliers have been stiffed, utilities have been shut off (except hydro). i would be surprised if it saw christmas. i almost expect her to just bankrupt the place to stiff me.

i think i've also been fired as a result of the scene. does this affect EI?

i plan on filing a ESA complaint. not sure when. need to be paid first.

what else do i do?

Bankrupt companies dont pay their employees after going bellyup
 
Don't work for crackheads no matter how rich you are.
 
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Get out while the getting is good. Suing for such a small amount isn't viable (legal fees will cost too much) and ... you can't get blood out of a stone. If the business is nearing bankruptcy, it's one thing to win a judgment but quite another to collect - you may only get pennies on the dollar, and that's if you get anything at all. The lawyers, and the secured creditors, will get paid first.

As I understand it, getting EI is a problem if you quit, but not if you are fired, and certainly not if the reason for your departure is that you were not being paid. It sounds like this is a job that you want to get fired from.
 
To clarify the "enough money to live"
I'm on an annuity after an accident. I'm not rich, all bills are paid and I have enough to live comfortably. I'm not even 30. I have a wife and kid. I'm not looking out for just my own interests. In rich enough to be happy and not stressing over bills. If I lose my job our finances won't be stressed. That's what I mean by enough money.

I know suit isn't viable.

Im more wondering f there was anyway for ESA to force payment, stubs, etc.
 
Suing would be a waste of time if I were in your shoes i would be putting a squeeze on her squeeze as they seem to be the money in that show as you described it
Maybe not the most ethical but if ya gotta get paid
 
If the business goes belly up then no. Everything is lost. If you can get something now take it and forget about it.

To clarify the "enough money to live"
I'm on an annuity after an accident. I'm not rich, all bills are paid and I have enough to live comfortably. I'm not even 30. I have a wife and kid. I'm not looking out for just my own interests. In rich enough to be happy and not stressing over bills. If I lose my job our finances won't be stressed. That's what I mean by enough money.

I know suit isn't viable.

Im more wondering f there was anyway for ESA to force payment, stubs, etc.
 
Not legal advice, just relating my experience. Suing someone is expensive. If it's only a few thousand, I would walk away. I would also give a call to the CRA regarding the t4's. Most likely, no source deduction was made.
 
Not legal advice, just relating my experience. Suing someone is expensive. If it's only a few thousand, I would walk away. I would also give a call to the CRA regarding the t4's. Most likely, no source deduction was made.


If there was a chance of collecting any more coin I wouldn't involve anyone that might also pursue payment. Get yours first.
 
That company would be paying me my $4K one way or another.
 
You can contact the Ministry of Labour (Employment Standards); I have a family friend who worked at a company where they didn't pay overtime and holiday pay. Basically they told him that you had to work more than 80hrs in a 2week period to get OT; however, ON labour laws say you only have to work more than 44hrs/week.

He also never got holiday pay. Ministry of Labour investigated, and the company gave him his money; they claimed it was a misunderstanding from their end and that they didn't know. For what it's worth, he's still working there.

It wouldn't hurt to give the Ministry of Labour a call and see if they can help you: http://www.labour.gov.on.ca/english/es/
 
It sounds like this job has already gone south, so collect what you can and move on. I would contact employment Ontario/ministry of labor asap. You'll be done there as soon as the ministry calls, so if they can pry anything out of them to help that's a win.
 
Suing is a lost cause here as has been mentioned, but siccing the Ministry of Labour on them might intimidate her enough to pay up. That seems like your best bet.

And for sure, you'll want the ministry's help to make sure your T4/deduction issues are all clean and clear. If the taxman starts looking at you sideways, $4k will look like a nickel in the road.
 
just re reading the OP post again, several people have not received T4's for several yrs? I get there are lots of really bizarre setups around but how can anybody show up where you aren't likely paying into CPP/ EI/ what ever else and not getting a T4? its like a job at a carny.
 
just re reading the OP post again, several people have not received T4's for several yrs? I get there are lots of really bizarre setups around but how can anybody show up where you aren't likely paying into CPP/ EI/ what ever else and not getting a T4? its like a job at a carny.

Thanks for mentioning that - I missed it the first read. OP - how have you been doing your taxes with no T4 info / how is this income being reported?
 

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