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Old 05-07-2010, 07:09 PM
StereoLogic StereoLogic is offline
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Default What are my rights?

Up until 2 days ago, I was employed by a small business who converted reels of 8mm and 16mm film into digital formats, dvds, etc. We were not taxed on our paychecks, as we submitted invoices with our hours and were treated as if we were self employed. I'm not sure how this effects me in this story. We signed all the regular paperwork that I've signed at any other job stating that our hours were Mon-Fri from 9am to 6pm and Sat from 10am to 5pm, that we needed to call in if we were going to be late, etc etc. Those papers also said that we were to be paid every Wednesday.

This Wednesday that just past, I was informed by a coworker that our boss had left for the day and was on his way to Montreal. This was a problem because he had not issued any of us our paychecks. I emailed my boss knowing his blackberry would receive my messages. I asked him if there was any way I could receive my paycheck while he was out of the office. I was logged into our company gmail accounts when he instant messaged me saying that the company had not brought in enough money this week to pay out. The previous 3 weeks I had received my check in a timely manner. I replied to him saying that this was a problem for me because I needed that money ( I did, and still do need this money for groceries, bills, etc. ) . He said that it was impossible to pay me, but offered to make me a small loan. This sounded really odd to me how he could give me a loan, but not pay me my paycheck, so I declined and told him that I just wanted my paycheck. I then told him that I would not come into work tomorrow unless I received some sort of pay. Within a few seconds I got a phone call and it was my boss asking me to leave the building, that it was not a wise decision for him to keep someone as unstable as me ( I'm assuming he meant financially ) working for him in his company. So basically I was fired for needing to be payed on time. I was also very offended that he had called me "unstable". I'm not sure if he meant financially or mentally, or whatever, but I feel I was discriminated against either way and it upset me a great deal. I did not act out in any way, I simple packed my things, told my coworkers that I had been let go, and left the building.

He proceeded to text message me later saying to submit my invoice and he would mail out a check on Friday (today). I did exactly that, and he confirmed he had received them through email, and was sending out the paycheck today.

Is this wrongful dismissal? I do not feel I have done anything wrong, and now I am waiting on a check in the mail to be able to eat and have the money to leave my house and look for jobs. I have been applying online, but should I actually get an interview, I have no means of transportation to get to this interview. This is a huge life lesson for me to put more money away in case of emergency, but unfortunately I do not have any way to recover until that last check comes to me.

What are my rights? I live in Toronto, ON, Canada. Any help would be greatly appreciated. And if it helps any, the amount of money he owes me up to this point is about 500 dollars.
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Old 05-08-2010, 11:45 AM
Kev Kev is offline
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Hiya

I will say what say to anyone else in this position.

Go to your local Citizens advice beaurau (if you have one) and get some legal advice.In the UK most solicitors give advice for free.Is it the same in Canada?
If so that is another option i would strongly consider.

"He proceeded to text message me later saying to submit my invoice and he would mail out a check on Friday (today). I did exactly that, and he confirmed he had received them through email, and was sending out the paycheck today".


As far as i am concerned your employer is evading paying his taxes.He has realised this and that is why you received the above text from him.

Keep all email printouts and text messages you have.
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