Taking it to the next step as in how? He only owes me around $350-400 at this point, wouldn't it cost me more to resolve this?
Need advice with job.
- Thread starter supaflyx3
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You're under 18, you don't have to go the route of costly legal aid, as long as you're still registered at a local school. Talk to a guidance counselor or a teacher you trust.
Be warned though, you might get your former employer in a lot of trouble and end up without the money he owes you because he's in such deep turd.
Personally I would expect that the money he owes is gone, as much as that sucks. You do have a couple of options though. Find a lawyer that specialises in labour law...most law firms offer a free consult. Find out what rights you do and don't have. Talk to the labour board, again find out what your rights are. If they start investigating the guy, so be it. Talk to the CRA, find out what their take on it is, again if they start investigating so be it.
Here is the key, tell him exactly what you are doing...if he gets worried he'll pay you in hopes to shut you up, otherwise he will sit back and call your bluff. Except you are not bluffing.
Here is the key, tell him exactly what you are doing...if he gets worried he'll pay you in hopes to shut you up, otherwise he will sit back and call your bluff. Except you are not bluffing.
I'm not in school, but him being in deep trouble is fine with me... treated me like a slave from day one.
Paying into CPP can be a good thing -- not so much for how much you pay, but how long. The more years you've paid into it, the higher your benefits, significantly so.
Being paid under the table does NOT exempt you from labour laws. Those laws, even as gutted as they are under the B.C. Liberals, govern the employer-employee relationship and not the question of payroll taxes and the like. Your income's low enough you could avoid most taxes, CPP and EI premiums would probably put you below the income tax threshold anyway. And, you might be eligible for EI if you were dismissed without cause.
By the way, pay in lieu of notice for dismissal without cause (and failure to be awake for an unannounced shift change is not cause) is the equivalent of one weeks normal pay, if you've worked at this job for more than three months. If you've been there more than a year, it's two weeks pay. Make sure to save the text message conversation for evidentiary purposes.
The one thing to keep in mind is that the government changed the mandate of labour mediators. Rather than being told to ensure enforcement of the laws, they've been told to arrange compromises between the employee and the employer. The relationship is then governed by that compromise, even if it sets lower standards than the labour laws. In your case, however, it's not a continuing relationship so that's not such a concern. You want your pay in lieu of notice, which is probably worth more than your EI and CPP premiums would cost.
Ministry of Labour, Government of B.C., Employment Standards Branch, Termination Factsheet
The Ministry wants you to try first to resolve the issue, before involving them, so they publish a self-help kit. You have six months in which to file a complaint, so start with the self-help kit quickly. If you get to within a month of the six-month deadline, file your complaint even if you're working with the employer, in case your efforts fail.
Employment Standards Branch, Ministry of Labour, Government of B.C.
Being paid under the table does NOT exempt you from labour laws. Those laws, even as gutted as they are under the B.C. Liberals, govern the employer-employee relationship and not the question of payroll taxes and the like. Your income's low enough you could avoid most taxes, CPP and EI premiums would probably put you below the income tax threshold anyway. And, you might be eligible for EI if you were dismissed without cause.
By the way, pay in lieu of notice for dismissal without cause (and failure to be awake for an unannounced shift change is not cause) is the equivalent of one weeks normal pay, if you've worked at this job for more than three months. If you've been there more than a year, it's two weeks pay. Make sure to save the text message conversation for evidentiary purposes.
The one thing to keep in mind is that the government changed the mandate of labour mediators. Rather than being told to ensure enforcement of the laws, they've been told to arrange compromises between the employee and the employer. The relationship is then governed by that compromise, even if it sets lower standards than the labour laws. In your case, however, it's not a continuing relationship so that's not such a concern. You want your pay in lieu of notice, which is probably worth more than your EI and CPP premiums would cost.
Ministry of Labour, Government of B.C., Employment Standards Branch, Termination Factsheet
The Ministry wants you to try first to resolve the issue, before involving them, so they publish a self-help kit. You have six months in which to file a complaint, so start with the self-help kit quickly. If you get to within a month of the six-month deadline, file your complaint even if you're working with the employer, in case your efforts fail.
Employment Standards Branch, Ministry of Labour, Government of B.C.
I doubt he needs to get a labour lawyer. Check out the labour section of your provincial govt's website and see if they have a labour board that hears cases like yours without a lawyer.
I'll just throw one thing out there: you were a minor while working under the table? If so, I wonder if your parents might get in trouble if they knowingly sent you to work under the table. Check that out if you can.
If it was OK for your parents to send you to work under the table, then he has the most to lose. You owe no income tax, but some CPP and EI as mentioned. So even if a labour board gets you the $350ish you are owed, you might have to give some of it up. Your boss stands to lose more than that, so maybe telling him that you may be going to the labour board might get him to pay up.
It's not so much about the cash, it's more so preventing him doing it to other employees. I'm not the only one that he treats like this, I'm just the highest rank aside from the boss. The only problem with getting help by the law, is my mom is on a fixed medical income and if the government knew about me having a job, that could be trouble for her.
I only suggested a labour lawyer to find out what his rights are. That fact alone might make the guy pay up.
edit: not to pry to much, but medical incomes/pensions are not normally considered taxable income as far as the CRA is concerned, so any income you make shouldn't affect hers at all.
edit: not to pry to much, but medical incomes/pensions are not normally considered taxable income as far as the CRA is concerned, so any income you make shouldn't affect hers at all.
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If you work and earn money,you pay income tax. Your employer is required by law to deduct taxes, even if you are under 18. If you are a minor under 16,child labour laws take over. The laws and regulations may vary in each province,but you can't get away with not paying taxes. Working under tha table is a different deal,however if you get caught,you will pay dearly. I don't know how many people work for this guy that is screwing you, but if it's more than two,join a UNION. You will never have to worry about any conditions of work any more. Good luck my friend. I hate it when some crooked employer screws an employee. Even if it IS under the table.
The thing is the employer gave the OP vacation pay and whatnot and did abide with local labour laws. His parents could easily argue that they thought it was legit. Also, I would assume that the OP is a legitimate resident or citizen of Canada over the age of 16 so really the only "under the table" stuff that was going on was tax evasion. The CRA is only interested in money, not child labour laws or parents allowing their kids to get involved with gray employment. So once again, if the CRA gets their money from you, they will be extremely helpful to your cause.
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