carrie/avana/people who know about employment stuff

prozac · #1 (**permalink**) Mar 27, 07

How long after my last day does my employer legally have to pay me all outstanding wages/holiday pay/commissions?

Chewy · #2 (**permalink**) Mar 27, 07

i believe its one pay period

tiedye · #3 (**permalink**) Mar 27, 07

If you quit, it's one pay period. If you're fired or laid off, it's 5 days.

shebavpg · #4 (**permalink**) Mar 27, 07

^^ yup that's right.

Carrie · #5 (**permalink**) Mar 27, 07

http://www.labour.gov.bc.ca/esb/facshts/termination.htm
If an Employee Quits

Employees who voluntarily terminate their employment are not entitled to written notice of termination or compensation pay. Final wages, including any outstanding wages such as annual vacation pay, statutory holiday pay and overtime either worked or in a time bank, must be paid to the employee within six days after the employee’s last day of work. The Act does not require the employee to give notice to the employer.

http://www.labour.gov.bc.ca/esb/esaguide/#4

An employee must be paid in full within 48 hours after the employer ends the employment, or within six days if the employee quits. This time is by the clock and the calendar - not business hours or business days.

Carrie · #6 (**permalink**) Mar 27, 07

hope that answers your question. please do not listen to the people the posted above me, they seem to not know their rights as employees.

prozac · #7 (**permalink**) Mar 27, 07

ARGGGHHH.

I knew it. My last day was sunday, they're paying my wages on friday the 30th, but are refusing to pay out my holiday & commission (which is about 4 times my wages) until the 13th. And they don't understand why I think that's unacceptable.

tiedye · #8 (**permalink**) Mar 27, 07

Quote:

Originally Posted by Carrie

hope that answers your question. please do not listen to the people the posted above me, they seem to not know their rights as employees.

That's actually really wierd because the last time I got canned, I phoned WCB and I was told what I initially posted. This was maybe na few months ago.

Carrie · #9 (**permalink**) Mar 27, 07

Quote:

Originally Posted by prozac

ARGGGHHH.

I knew it. My last day was sunday, they're paying my wages on friday the 30th, but are refusing to pay out my holiday & commission (which is about 4 times my wages) until the 13th. And they don't understand why I think that's unacceptable.

were you fired or did you quit.

print out from that website I posted and tell them that they MUST pay you .

prozac · #10 (**permalink**) Mar 27, 07

^I quit. And I gave them FOUR WEEKS NOTICE. They had plenty of time to get their ducks in a row

Carrie · #11 (**permalink**) Mar 27, 07

Quote:

Originally Posted by tiedye

That's actually really wierd because the last time I got canned, I phoned WCB and I was told what I initially posted. This was maybe na few months ago.

WCB now called Worksafe BC is if you got injured on the job. Best to call Ministry of Labour of BC, or check their website.

#12 (**permalink**) Mar 27, 07

Jessica.
Print THIS off and bring it in with the printed portion of the act that says WHEN they are to pay you.

It is a self help kit, if they don't fix the problem in the allotted time, then you can file the grievance.

But they have till Monday to cut you the cheque. The law is 6 business days. Weekends do not count.

tiedye · #13 (**permalink**) Mar 27, 07

Quote:

Originally Posted by Carrie

WCB now called Worksafe BC is if you got injured on the job. Best to call Ministry of Labour of BC, or check their website.

I had been on hold for literally hours with the Ministry of Labour so I just called them.

Carrie · #14 (**permalink**) Mar 27, 07

many people get the wrong information and companies end up benefitting from it.

tiedye · #15 (**permalink**) Mar 27, 07

And now we know.

b0ld · #16 (**permalink**) Mar 27, 07

dunno if this is relevant for your jess but do you still have the sheet that you signed upon employment with your previous employer?... Normally there would be documented information based on terms of leaving an organization or termination from an organization and how payment would be due upon those circumstances... Could use it against them if you have to use other courses of action such as possible "legal action".

#17 (**permalink**) Mar 27, 07

^ Jessica, don't listen to that.

Employment act trumps all.

b0ld · #18 (**permalink**) Mar 27, 07

Quote:

Originally Posted by Avana

^ Jessica, don't listen to that.

Employment act trumps all.

Hey hey.... There's no doubt to use the employment/labour act based on whats happening here.... All I guess is what I am saying is that she can use as much artillery as she can to get what she is entitled to what ever she deserves.... The more the information the more her previous employer is sticking there foot in there mouth's.

Carrie · #19 (**permalink**) Mar 27, 07

that Self-Help Kit is probably the best start to requesting the money that is owed to you by your company.
Get it done ASAP. Let me know if you need help filling it out. I can always meet up with you.

prozac · #20 (**permalink**) Mar 27, 07

I think an email including the links to the employment act and a friendly call from a lawyer at my mom's firm will result in a cheque for me soon. If that doesn't work, I'm printing out that kit.

Thanks so much guys.