Legal Action

klimman123 · Post by **klimman123** » Sat Dec 03, 2005 10:54 am

Has anyone had any experience in taking legal action against an employer for way overdue payroll? I've tried to contact the Canada Labor Board but I haven't recieved any response. I'm owed over a month's pay since Oct. The resort I worked for dissolved but they are still operating another resort. They say it will be worked out I need to protect my interests. Any help would be much appreciated.

200hr Wonder · Post by **200hr Wonder** » Sat Dec 03, 2005 12:20 pm

Klimman - Even if the resort is operated by the same people it may be operated under a different company, in which case you are a creditor, unfortunitly payroll is quite far down on the creidtor when a company is being broken up under a bankrupcey. You would have to file your claim and wait to get pennies on the dollar :S

Capt · Post by **Capt** » Sat Dec 03, 2005 12:34 pm

I had an employer not pay my last months pay cheque (after I gave my notice). they said they stop paying me the day i gave my notice, even though i work a full month after that. Anyway, i contacted the labour board and told them my story, they contacted the employer and i was paid about a week or two later. make sure you contact them, you may need to do it a few times.

Aether · Post by **Aether** » Sat Dec 03, 2005 1:07 pm

I had the same problem my employer stopped paying me after I gave notice, the Federal Labour Program seems to be handling it but I haven't seen my cheque yet and that was back in July. If you were considered a contract worker or a freelance employee I don't think you qualify under the labour laws, if you don't your only real recourse is a small claims suit, which might actually be faster.

-M

Aether · Post by **Aether** » Sat Dec 03, 2005 1:43 pm

I had the same problem my employer stopped paying me after I gave notice, the Federal Labour Program seems to be handling it but I haven't seen my cheque yet and that was back in July. If you were considered a contract worker or a freelance employee I don't think you qualify under the labour laws, if you don't your only real recourse is a small claims suit, which might actually be faster.

-M

Aether · Post by **Aether** » Sat Dec 03, 2005 1:46 pm

I had the same problem my employer stopped paying me after I gave notice, the Federal Labour Program seems to be handling it but I haven't seen my cheque yet and that was back in July. If you were considered a contract worker or a freelance employee I don't think you qualify under the labour laws, if you don't your only real recourse is a small claims suit, which might actually be faster.

-M

slowstream · Post by **slowstream** » Sat Dec 03, 2005 5:21 pm

Hide their a/c, you'd be surprised how fast they can come up with your pay when you tell them that you can deliver it when you get paid and the cheque clears.

Right Seat Captain · Post by **Right Seat Captain** » Sat Dec 03, 2005 8:23 pm

Two wrongs ALWAYS make a right...

oldtimer · Post by **oldtimer** » Sat Dec 03, 2005 9:51 pm

Unfortunatly,you are f#$%2 ed right in the ear. Labour Canada tries hard but they are like a eunich. Typical government operation with underling people with good intentions, trying hard but with no leadership, a bureacracy with a CYA attitude and no balls. Westex still owes me over $5,000 and Labour Canada is trying but so far, nothing, so I would not count on much. The best I could suggest is a legal picket at his/her other place of business. Try to shame them into paying. Doing something illegal is just that, illegal. Now some dark, stormy night?????

Aether · Post by **Aether** » Sun Dec 04, 2005 10:33 am

You could put a lien on thier a/c that might take a while too. A bike lock around the prop might work a little faster.

-M

klimman123 · Post by **klimman123** » Sun Dec 04, 2005 11:08 am

If I don't get paid in full, you can bet that the next time I go through winnipeg they'll have to pay up one way or another. I might not get money but I sure as hell get satifaction. You mess with the bull you get the horns.

klimman123 · Post by **klimman123** » Thu Jan 19, 2006 9:35 am

Here's an update

I contacted a Lawyer and soon after I recieved a check and was told all was good by mid december. Just today I recieved the same rubber check back, apparently it didn't clear. Now I'm told that the company has gone into recievership and there is no idea when or if I'll get paid. Both the Federal and Provincal Labour Boards haven't contacted me. I wrote emails, letters and made phone calls. but when I was first issued the rubber check I thought all was well and I didn't need to persue it anymore. Now I'm back to square one. I hope the owners die a long slow death from the friggin bird flu. I'd recommend to anyone to stay away from Knee Lake Resort/Air Service, Utik Lake Lodge and the Reid family.

BTW What do you think about putting an ad in the paper, letting winnipeg know how Knee Lake has been treating their employees?? Some negative advertising methinks. I need to find a way to stick it to the man and get paid.

F***KERS

Brewguy · Post by **Brewguy** » Thu Jan 19, 2006 10:20 am

klimman123: I know it's a tough battle, but you have to keep fighting it. This is defenitely one of those instances where the "squeaky wheel gets the grease". The good thing, is that there are multiple laws in your favour. However here are two words of advice:
1. Don't bother with the provincial labour boards - they won't help you. Aviation is one of the few industries that falls entirely under the Canada Labour Code, so you have to deal with the feds.
2. In general, the government won't help you if you have initiated legal proceedings. It's an either/or situation. You should try filing a complaint with the government first. You should only initiate a lawsuit once the first option has failed. The good news about going the legal route, is that Canadian courts are very "pro-employee" these days.

I'd recommend reading the "Employment Law" section on the Monster.ca website.

200hr Wonder wrote:Klimman - Even if the resort is operated by the same people it may be operated under a different company, in which case you are a creditor, unfortunitly payroll is quite far down on the creidtor when a company is being broken up under a bankrupcey. You would have to file your claim and wait to get pennies on the dollar :S

200hr Wonder: This is technically not true. Under the Corporations Act, employee wages (including back pay, vacation pay etc.) are one of the few debts that the Directors of the Corporation are personally liable for. In other words, when an incorporated company goes under, all of the directors are personally (jointly and severly) responsible to pay you out of their own pockets. They can only get out of this if they also declare personal bankruptcy too. If they have board of directors insurance (as some do), this is one of the things that would be covered under that claim.

Of course, I say technically not true. Because we all know that when the corporate ship is sinking, the law is the first thing to be ignored by those at the helm. Again, what I would do is to file a claim with Labour Canada - and then write a professional "lawer-like" letter to the company, informing them that a) you have filed a complaint, and b) remind them what their obligations are under the Corporations Act (quoting the applicable section of the act, as applicable). This is cheaper than a lawyer - and will show the skinflint employer that you can cause them grief if they push the issue.

Good luck guys! I know it's a crappy situation to be in - but it is winnable.

p.s. Oh, I almost forgot. If you were in a union when you worked there, you may be screwed. Collective barganing agreements can nullify some employee rights that you would have otherwise had if you were just in a straight employee-employer relationship.

shimmydampner · Post by **shimmydampner** » Thu Jan 19, 2006 10:53 am

Klimman, were you flying the Caravan? Either way did the other pilot get paid?

Dockjock · Post by **Dockjock** » Thu Jan 19, 2006 11:34 am

I filed a claim through the feds a couple years back for a similar scenario. Long story short they ruled in my favour and issued a payment order to the owner of the company. It was ignored, she disappeared, and nothing has happened since. Make sure you get a T4 though, or categorically state on your taxes for that year that your amounts are estimated based on your final pay stub and that you did not recieve a T4 from the bankrupt company.
Even after the ruling in my favour, pursuing it any further than the government did would cost me more than I'm owed. Lesson learned, aviation sucks, I've moved on. Good luck anyway klimman.

Bede · Post by **Bede** » Thu Jan 19, 2006 3:11 pm

Forget government help. The sole job is for them to stay employed. Go through small claims court. Go for every single cost you can think of, perhaps overtime you worked. Remember, your salary is for 40 hrs/wk. Unless you had a contract stating that overtime was included, you're entitled to overtime pay. SCC is $50 to file, and really easy. You'd be suprised how fast people jump when they're handed a stamped Statement of Claim.

Gixxer · Post by **Gixxer** » Fri Jan 20, 2006 9:20 am

There may be hope on the horizon. Bill C-55 passed Royal Assent on Nov 25, 2005. This is the new bankruptcy and wage earners protection bill. I don't think it will help if you got stiffed before Nov 25 and it doesn't come into full effect until June 30, 2006 but it is a step in the right dirrection. For info check out this link:

http://www.fasken.com/WEB/FMDWEBSITE.NS ... enDocument

water wings · Post by **water wings** » Fri Jan 20, 2006 4:49 pm

i gots a cuzin in New yawk you may wanna tawk to... no really, i do...

I never would have thunk the company you are talking about would have done this... sorry about your trials.. good luck on the cash.

hazatude · Post by **hazatude** » Fri Jan 20, 2006 5:14 pm

I would raise Holy Hell if I didn't get paid. Go for the throat!

200hr Wonder · Post by **200hr Wonder** » Fri Jan 20, 2006 11:44 pm

Borrow a plane until you are piad LOL