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Possibly suing my previous employer!

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eds1275:
The lawyer thinks I have a case, I figure what the hell. Of course I am bitter about the pay thing, and their bogus reasoning, and I never did let up on hassling them for the money. The new employees were practically walking in as I was walking out. I actually know 3 out of 4 of them on a casual basis - student from the university in the drama classes with a basic knowledge of how the oudn equipment works.

I'll keep this updated as things roll out.

SavannahLion:

--- Quote from: AtomSmasher on November 17, 2010, 11:34:13 pm ---I can see making a case for not paying you the correct amount, although it seems really late for you to make a case for that since you've been working there for 2 years.
--- End quote ---

I'm not sure what the statue of limitations (is there such a thing for something like this?) but I can tell you that if there is one, it most certainly is a lot longer than just two years. My fiance worked for a HUGE store chain over five years ago and she just now got a settlement from them as part of a class action lawsuit. It wasn't enough to by a pooper scooper because of the dick lawyer's cut, but it was related to something similar the OP is describing about pay.

I worked for two chains where lawsuits were brought to bear against the corporate office for nearly the same thing. Differences in pay. How the company went about it varied. One cut your pay by shaving (I got a check for $7. Yippie Kay Yay!), the other cut your pay by paying straight instead of time and a half for overtime and called it a salary.

AtomSmasher:

--- Quote from: SavannahLion on November 18, 2010, 03:06:15 am ---
--- Quote from: AtomSmasher on November 17, 2010, 11:34:13 pm ---I can see making a case for not paying you the correct amount, although it seems really late for you to make a case for that since you've been working there for 2 years.
--- End quote ---

I'm not sure what the statue of limitations (is there such a thing for something like this?) but I can tell you that if there is one, it most certainly is a lot longer than just two years. My fiance worked for a HUGE store chain over five years ago and she just now got a settlement from them as part of a class action lawsuit. It wasn't enough to by a pooper scooper because of the dick lawyer's cut, but it was related to something similar the OP is describing about pay.

I worked for two chains where lawsuits were brought to bear against the corporate office for nearly the same thing. Differences in pay. How the company went about it varied. One cut your pay by shaving (I got a check for $7. Yippie Kay Yay!), the other cut your pay by paying straight instead of time and a half for overtime and called it a salary.

--- End quote ---
I wasn't saying it was legally too late, I was saying it seems odd that he let it slide for two years, and all of the sudden he's now making a fuss over it.  I once got a pay check that didn't include time and a half for over time, I raised one hell of a fuss when I saw that and got the money added to my next paycheck.  Theres no way in hell I'd let that slide for two years, if they did that to me for more then a couple paychecks and just gave me BS when I tried to rectify it, then I'd be out the door pretty quick.

RayB:
What province? I have a little bit of experience as to what to expect from the Ministry of Labour Ontario.

If you were on a salary, you will not get a dime. By accepting whatever they paid for the hours you put in you have effectively accepted a change to your "contract" and cannot retroactively claim you are owed anything more. The only exception would be if the amount were so low that it contravenes labour laws (ie: less than a living wage). This is how an arbitrator is likely to see it. You performed work X. You got paid amount Y. You accepted the payment. That changes the terms of your employment. End of story.

If you were hourly, then you're going to need all your timesheets and proof of hours worked. I'm not sure how you go about proving this or what outcome you can realistically expect.

Lastly if they had you as a "contractor" then that complicates things even further as it becomes more of a freelancer VS client situation which you have to sue for outside of the Ministry of Labour jurisdiction (but you gave me the impression you were clearly an "employee").

eds1275:
I worked for a company that was contracted to provide the service at a location. This is in BC. I was paid hourly. I have all timesheets, emails [including plenty talking about "screw ups" in the office which said I would be paid the difference in wage,] emails sent to me asking if I could work in 20 minutes [yes, not phone calls - email]. Nonsense.

I was paid hourly. I have a meeting tomorrow morning with the lawyer, he says he has good news. I will post back when I hear what this news is. I know he/we have not contacted the employer yet [I went to the lawyer first because I wanted his opinion on whether this was worth pursuing or not - the consultation fee is affordable and unless this goes to court, which I am hoping to avoid, will stay affordable].

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