BigHornBuds
Well-Known Member
Good luck OP
I hope it works out for you
I hope it works out for you
I need a lawyer
- Thread starter Gquebed
- Start date
Gquebed
Well-Known Member
Update:
So... As I said I was suspended without pay on Oct 5. After an email exchange I had cause to inquire about my employment status on the following Wednesday.
No reply.
Then on the Friday following that, I received a direct deposit from my employer. I didn't know if that was my regular pay or severance pay for having refused to report for the substance abuse program, so I queried again about my status.
No reply.
On Monday I filed my HRC complaint (thank you for all your help @VIANARCHRIS !). Yesterday I queried again about my status. and again, no reply.
Late yesterday I received a call back from John Conroy. He explained that although he is semi-retired that he would assist in my matter if it escalates to the point that legal council is required.
This morning I reported for work. My boss apologized for the situation (he's a great boss) and then said "trust me, you should not be here," and then he sent me home. He also said that the payment I received is likely a payroll mistake. I'm not so sure about that because....
I believe that my employer hasn't responded to my queries because they don't have a clue what to do, as by now the legal team has likely advised the executive that they are on very, very shaky legal ground at the moment. John Conroy said as much.
Meanwhile, I don't know what to think. I just have the sense that I should start raising money for a fight.
So... As I said I was suspended without pay on Oct 5. After an email exchange I had cause to inquire about my employment status on the following Wednesday.
No reply.
Then on the Friday following that, I received a direct deposit from my employer. I didn't know if that was my regular pay or severance pay for having refused to report for the substance abuse program, so I queried again about my status.
No reply.
On Monday I filed my HRC complaint (thank you for all your help @VIANARCHRIS !). Yesterday I queried again about my status. and again, no reply.
Late yesterday I received a call back from John Conroy. He explained that although he is semi-retired that he would assist in my matter if it escalates to the point that legal council is required.
This morning I reported for work. My boss apologized for the situation (he's a great boss) and then said "trust me, you should not be here," and then he sent me home. He also said that the payment I received is likely a payroll mistake. I'm not so sure about that because....
I believe that my employer hasn't responded to my queries because they don't have a clue what to do, as by now the legal team has likely advised the executive that they are on very, very shaky legal ground at the moment. John Conroy said as much.
Meanwhile, I don't know what to think. I just have the sense that I should start raising money for a fight.
zoic
Well-Known Member
because..... most payroll is done electronically, so mistakes are mostly caused by input error. With the clear lack of closure from severance and vacation pay I surmise you are correct in thinking your employer does not know what to do .... yet. It seems probable that HRC has not schooled them sufficiently ... yet.
TheRealDman
Well-Known Member
Let the HRC progress. They fight on your behalf, so it’s free.
VIANARCHRIS
Well-Known Member
http://clg.ab.ca/programs-services/dial-a-law/employment-standards-for-termination/
If you are terminated without notice, you must be paid within 10 days of your last day of employment.
Otherwise, employers must provide written notice of their intention to the employee. Employers may terminate their employees by giving them a proper notice period or by paying you for the notice period required. For example, the employer may give you 2 weeks notice and you would work the 2 weeks or the employer may ask you to leave immediately and pay you for the 2 weeks required notice. In a situation where a new business owner takes over, the employment period is considered continuous employment and the notice period requirement applies.
Employment Standards provides the following notice periods when you are terminated from your job:
- If you are on probation for a period of 3 months, you are not entitled to any notice.
- If you work 3 months to 2 years, you must receive at least 7 days written termination notice.
- If you work 2 to 4 years, you must receive at least 14 days written termination notice.
- If you work 4 to 6 years, you must receive at least 4 weeks written termination notice.
- If you work 6 to 8 years, you must receive at least 5 weeks written termination notice.
- If work 10 years, you must receive at least 6 weeks written termination notice.
- If you work 10 years or more, you must receive at least 8 weeks written termination notice.
WHATFG
Well-Known Member
Good on Conroy, and good for you....if it comes to that he's has lots of cannabis experience and would have lots of connections in other fields....it should be more like good luck to your employer....the times are changing and people are hanging up far for cannabis....get with the program.
Gquebed
Well-Known Member
The AB HRC told me that it would be about 2 weeks before i hear back from them about whether or not they will accept my complaint. I have absolutely no reason to doubt that they will accept my complaint. But...looks like it will months before it gets resolved... I'm sure my employer will drag it out as long as possible in an effort to starve me out well I am suspended without pay...
VIANARCHRIS
Well-Known Member
It shouldn't be hard to find another job where you are. I would consider this job history and move on (unless you really like it) and make them pay financially. Like you said, it could take months and you need to eat in the meantime...
zoic
Well-Known Member
I am not informed when it comes to other provinces, but I have had a few issues with employers myself. I would file a claim with the labor board who can force their hand. They have laws governing many aspects of employment termination. They MUST pay you severance and vacation pay within a prescribed number of days after termination.
They must also provide a record of employment within a short period so you can file for EI, which you should do ASAP in spite of not having papers yet Your claim time starts when you file and EI will chase your employer for those papers. When EI is informed of the uncertain landscape surrounding your dismissal they most often will not assess any penalty period until the whole issue is resolved, so you may be able to get money faster that way than you might have thought. Had your employer refused to allow you to take medicine they can be subject to a penalty.
I had an issue with an employer who refused to let me leave to seek medical attention and they received a $10,000 fine when I made a big stink about it.
Gquebed
Well-Known Member
Well...i havent been fired yet. Im suspended without pay. And I suppose that they'll trying to starve me out by keeping me in that status through the course of my complaint with HRC.
This is exactly how corporations oppress both their employees and their consumers.
Gquebed
Well-Known Member
Actually it's kind of rough out here in Alberta for jobs. But I will be keeping my eye open.
I do like the job that I have though. It's the best one I've ever had. But more than that I'm sick and tired of being pushed around by corporations whether it be from an employee's perspective or consumers perspective. And so I need to fight this fight and I will as long as I can...
zoic
Well-Known Member
You may be at will employment., but there are still rules. If you are paid a salary, then you are exempt from certain situations. I also found some info that may help you get an EI claim started. Check https://www.hg.org/article.asp?id=19922 for more info like:
Gquebed
Well-Known Member
Thanks for the tip. I was just wondering if i can collect EI while on suspension... i will look into it.
Gquebed
Well-Known Member
Well that was fast. The Alberta Human Rights Commission just called to tell me that they have accepted my complaint. Now it will take anywhere from 30 days to a year and a half to resolve. So it looks like I'm looking for a new job....lol
Just as you suggested...@VIANARCHRIS
Just as you suggested...@VIANARCHRIS
TheRealDman
Well-Known Member
Any settlements with be retroactive, so there’s that.
VIANARCHRIS
Well-Known Member
The other possible option is paid medical leave. If you are unable to work (according to them) because of your medication, you are entitled to long-term disability coverage.You paid for those benefits - use them.
Gquebed
Well-Known Member
Yes... i recall you mentioned that before a im looking into it.
And I like your style. Use their argument against them...lol
a mongo frog
Well-Known Member
You think thats better then going to get another job, and making tons of money some place else?
VIANARCHRIS
Well-Known Member
I never said that. There\s no reason he can't look for another job while he is collecting his disability payments. They want to screw him around with the 'suspended without pay' bullshit, swing it around so that decision costs them