Job is withholding paycheck - Advice?

[ZackL]

I started a job in October and I worked there until the 13th, when I was forced to go home without notice due to my father suffering a heart attack. My manager calls me and tells me that if I don't come back soon I will be let go. I say alright that's fine I may have to go then.

I call and ask if my last paycheck will be direct deposited and I am told by the assistant manager that the manager holds peoples last paychecks when they don't give notice, and I checked my direct deposit tonight around 2:30 and I didn't get any deposit at all.

This is insane considering a near death is the reason that I missed work and I cant be back in time for the next round of scheduled shifts! I never signed anything stating that no notice quitting will result in a hold on paychecks, in fact I never signed anything at ALL, although it is a well known establishment.

I live in Ontario, by the way. I checked up on labor laws but couldn't find anything specific to this. And no, now I have no plans to go back to that place.

[katharsis]

Originally Posted by ZackL

I started a job in October and I worked there until the 13th, when I was forced to go home without notice due to my father suffering a heart attack. My manager calls me and tells me that if I don't come back soon I will be let go. I say alright that's fine I may have to go then.

I call and ask if my last paycheck will be direct deposited and I am told by the assistant manager that the manager holds peoples last paychecks when they don't give notice, and I checked my direct deposit tonight around 2:30 and I didn't get any deposit at all.

This is insane considering a near death is the reason that I missed work and I cant be back in time for the next round of scheduled shifts! I never signed anything stating that no notice quitting will result in a hold on paychecks, in fact I never signed anything at ALL, although it is a well known establishment.

I live in Ontario, by the way. I checked up on labor laws but couldn't find anything specific to this. And no, now I have no plans to go back to that place.

Wow! Just wow!!
I don't even know what to say to this.
It was clearly a family emergency and ALL businesses should give you time of for something like this! Of course there might be a few exceptions such as if you work any kind of emergency services / cops / firefighters etc.. but I am sure they do have separate rules for those situations!

How many days prior to the incident were in the pay period?
They definitely cannot hold your paycheck for something like this!

They can give you an oral or a written warning. Even if you already had a prior warning all they could do is fire you, but they still have to pay you for the time you worked!

Contact your local state office and try to get more information.
Also call the manager's supervisor or the CEO of the company (depending how big of a business we are talking here) and complain! Demand your paycheck!

Not sure about the laws over here either, but if something like this would ever happen to me, trust me all hell would break lose!

Good luck getting your pay asap!!!

And I hope your dad is alright.

[Marquoz]

Originally Posted by ZackL

I started a job in October and I worked there until the 13th, when I was forced to go home without notice due to my father suffering a heart attack. My manager calls me and tells me that if I don't come back soon I will be let go. I say alright that's fine I may have to go then.

I call and ask if my last paycheck will be direct deposited and I am told by the assistant manager that the manager holds peoples last paychecks when they don't give notice, and I checked my direct deposit tonight around 2:30 and I didn't get any deposit at all.

This is insane considering a near death is the reason that I missed work and I cant be back in time for the next round of scheduled shifts! I never signed anything stating that no notice quitting will result in a hold on paychecks, in fact I never signed anything at ALL, although it is a well known establishment.

I live in Ontario, by the way. I checked up on labor laws but couldn't find anything specific to this. And no, now I have no plans to go back to that place.

Contact the local department of labor equivalent up there. You made the right choice in not going back there, that is definately not a company to work for, or to do any business with. If they can't understand somebody wanting to be there for their family during a medical emergency, then **** them.


Check this out also:
http://www.worldlawdirect.com/forum/...uspension.html

[CasualKiller]

It varies by province, and technically he isn't "withholding payment", after an employee quits notice or not they have up to 4 weeks to process the final paycheck.

He's just being an *******, good luck getting a judgment on that one

[Entertainment72]

It is against the law (Florida anyways) for an employer to hold your check, doesn't matter the reason.

[mikejet]

Yeah, in California upon losing your job, whatever the reason may be, the employer is required to give you your check.

You should check your local labor laws and contact them and I would also tell them of the situations surrounding the event as, most employers, are required to give time off for family emergencies.

[mikejet]

From the Ontario Ministy of Labour:

12. Personal Emergency Leave Some employees have the right to take up to 10 days of unpaid job-protected leave each calendar year due to illness, injury and certain other emergencies and urgent matters. This is known as personal emergency leave.

Regularly Employ 50 or More Employees
Only employees who work for employers that regularly employ at least 50 employees are eligible for personal emergency leave. When determining whether the 50-employee threshold has been met, all employees of the employer are counted. It is the number of employees that is counted, not the number of "full-time equivalents." Part-timers and casual employees are all included as one employee each in the count.

When a single employer has multiple locations, all employees employed at each location in Ontario are to be counted.

For example

An employer owns 5 sandwich shops with 12 employees employed in each shop. This employer regularly employs 60 employees. All employees at all 5 locations are entitled to personal emergency leave.

Reasons for Which an Unpaid Personal Emergency Leave May Be Taken
An employee who is entitled to personal emergency leave can take up to 10 days of unpaid leave due to:

Personal illness, injury or medical emergency,
or
Death, illness, injury, medical emergency or urgent matter relating to the following family members:
A spouse*;
A parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step- grandchild of the employee or the employee's spouse;
The spouse of an employee's child;
A brother or sister of the employee;
A relative of the employee who is dependent on the employee for care or assistance.

On Termination Pay:

When to Pay Termination Pay
Termination pay must be paid to an employee either seven days after the employee is terminated or on the employee's next regular pay date, whichever is later.

[fighthefutureofhd]

Originally Posted by katharsis

Wow! Just wow!!
I don't even know what to say to this.
It was clearly a family emergency and ALL businesses should give you time of for something like this! Of course there might be a few exceptions such as if you work any kind of emergency services / cops / firefighters etc.. but I am sure they do have separate rules for those situations!

How many days prior to the incident were in the pay period?
They definitely cannot hold your paycheck for something like this!

They can give you an oral or a written warning. Even if you already had a prior warning all they could do is fire you, but they still have to pay you for the time you worked!

Contact your local state office and try to get more information.
Also call the manager's supervisor or the CEO of the company (depending how big of a business we are talking here) and complain! Demand your paycheck!

Not sure about the laws over here either, but if something like this would ever happen to me, trust me all hell would break lose!

Good luck getting your pay asap!!!

And I hope your dad is alright.

yes. it's called the family medical leave act. here in the states we have it, but i'm not sure if there is anything like this in any other countries. in some cases though if you can work you have to be at work. some places don't care what the problem. i certainly think that seems a little harsh, but then i guess it cuts down on those who would abuse the system. so i do understand why some employees would do that. not that i can totally agree with it all. but there you go.

[Blu-Ron]

Originally Posted by ZackL

I started a job in October and I worked there until the 13th, when I was forced to go home without notice due to my father suffering a heart attack. My manager calls me and tells me that if I don't come back soon I will be let go. I say alright that's fine I may have to go then.

I call and ask if my last paycheck will be direct deposited and I am told by the assistant manager that the manager holds peoples last paychecks when they don't give notice, and I checked my direct deposit tonight around 2:30 and I didn't get any deposit at all.

This is insane considering a near death is the reason that I missed work and I cant be back in time for the next round of scheduled shifts! I never signed anything stating that no notice quitting will result in a hold on paychecks, in fact I never signed anything at ALL, although it is a well known establishment.

I live in Ontario, by the way. I checked up on labor laws but couldn't find anything specific to this. And no, now I have no plans to go back to that place.

Sucks about the job. Sounds like you need to get outta there. But most importantly, I hope your Dad gets better soon, Dude!

[swifty7]

these companies think that because of the recession they can get away with anything. Their thought process is that you need the job more than they do.

my .2

[SellmeyourDVD]

Originally Posted by ZackL

I started a job in October and I worked there until the 13th, when I was forced to go home without notice due to my father suffering a heart attack. My manager calls me and tells me that if I don't come back soon I will be let go. I say alright that's fine I may have to go then.

I call and ask if my last paycheck will be direct deposited and I am told by the assistant manager that the manager holds peoples last paychecks when they don't give notice, and I checked my direct deposit tonight around 2:30 and I didn't get any deposit at all.

This is insane considering a near death is the reason that I missed work and I cant be back in time for the next round of scheduled shifts! I never signed anything stating that no notice quitting will result in a hold on paychecks, in fact I never signed anything at ALL, although it is a well known establishment.

I live in Ontario, by the way. I checked up on labor laws but couldn't find anything specific to this. And no, now I have no plans to go back to that place.

In the states under certain circumstances your paycheck can be held for up to a month. If you go into the office and tell them you want your check and they deny you i'd call the police and have them go there to witness it and write a report about it.

[bhampton]

I think it happened to me once.

I was fired for coming in an hour late on X-mass. I worked at a AMC theater and when I showed up it seemed everything was sold out. Lots of lonely people looking for escape I guess.

I went back for the last check and they said there was no such thing. I just let it go but it was a pretty insignificant amount of money anyway.

Good Luck,

-Brian

[Roland1919]

Originally Posted by ZackL

I started a job in October and I worked there until the 13th, when I was forced to go home without notice due to my father suffering a heart attack. My manager calls me and tells me that if I don't come back soon I will be let go. I say alright that's fine I may have to go then.

I call and ask if my last paycheck will be direct deposited and I am told by the assistant manager that the manager holds peoples last paychecks when they don't give notice, and I checked my direct deposit tonight around 2:30 and I didn't get any deposit at all.

This is insane considering a near death is the reason that I missed work and I cant be back in time for the next round of scheduled shifts! I never signed anything stating that no notice quitting will result in a hold on paychecks, in fact I never signed anything at ALL, although it is a well known establishment.

I live in Ontario, by the way. I checked up on labor laws but couldn't find anything specific to this. And no, now I have no plans to go back to that place.

Slick your hair back, grab a couple of .45's, put your punisher shirt on and head back. I think you should get your check without a single shot being fired.

[tommyboy81]

Just read it. Haven't read anybodies responces but What you need to do is go up the food chain. What i mean is somebody above him or the person in there main office that handles the checks. Ususally they'll understand. I mean it was a family emergency. Had to take care of that fisrt. Didn't care at the time if I got let go or not. I mean I just started. Say something like that.

Every boss has a boss and that boss has a boss. Remember that.

That's my saying

[Johnny Vinyl]

Get in touch with your local MP (Member of Parliament)! And tell your boss that's exactly what you intend to do if he doesn't pay out what is legally owed you!

[Teabaggins]

put your boss in a muay thai clinch, it will be better than getting paid

[hoju3508]

You're entitled to get paid for the days that you worked. What they're doing is illegal.

[Chris60119]

Do that thing that Dane Cooks talks about doing on or around the coats....

[jshel-canada]

have you contacted the Ontario Labor board?I know in Alberta, if we have labor problems, you just have to contact the Alberta Labor board. Maybe even just a threat to your employer that you are going to do this will be enough to get your paycheck. You also might have grounds for a wrongful termination suit.

I think we are going to see more of these things happening with the downturn of the economy. Some employers will think that they can get away with treating their employees bad.

[ZackL]

I called today and threatened to file claim with the labor board of Ontario if my cheque wasn't given to me within 48 hours of payday. She acted like an idiot about it and argued with me for a few minutes saying that the business should be compensated for having to fill my shift while I was away - like it was my fault, but eventually told me that it will be deposited next pay period but she couldn't do it for this period because it was over. Kind of pisses me off that I get no money for Christmas presents for family.

Then I bold face lied and told her that I may file a claim anyway as it is illegal to withhold any income from an employee without doing so for the cause of reprimanding a percentage for damage to property or infrastructure causing financial distress. I also told her that she could be liable for up to 20x my payroll in fees and could be shut down pending investigations into her compliance with the labor board, and that the actual owner of the business will be contacted for the complaint.

I pulled that entire idea out of my ass just to make her scared and she was pretty worried in her tone of voice. Of course I have no idea if any of that can actually be done and it was a complete lie.