Employer Not Paying Wages
 

I recently quit my job and received 2 pay cheques that bounced. I confronted my boss and he pretty much told me to fuck off.

I just filed a complaint with the ministry.

Was wondering how long it would take and whats the process after filing the claim?

Anyone have any experience with this?

No experience with this, but I'm pretty positive this violates the Employment Standards Act and you should have no problem getting this fucker to give you your money.

Save all emails, record all calls!

Employers are usually very cautious about missing wages and bouncing checks. Him telling you to fuck off probably shows that he's really in the red and can't dig a way out. I had personal experience with this when I was working at a body shop but the boss was very cool and it was obvious that he didnt have the cash flow. I didn't mind it and didn't take any action. My checks never bounce because I always ask my boss before I even attempt to cash it. Most of the time he's around 7-10 days late but he would never even dare to say fuck off in a situation like this knowing how serious the consequences are.

I own a business in BC. Go straight to BC Employment Standards Branch, they will send the employer a letter notifying of the employee complaint and monetary demand. We are forced to respond and go to mediation hearing to present evidence or settle. You better have kept a log of your hours but for something simple as a bounced cheque you are going to win 100%.

You don't need a lawyer at all. During the hearing, it will be most likely a telephone conference between you, the mediator and the employer. If the hearing fails you go to Adjudication which is a pain in the ass for both parties. Most settle during mediation.

Source: I had shitty employees trying to use this to try to make a quick buck in the hopes that the ministry will side with them.

Yeah I'm also missing alot of hours. I have the weekly timesheets that we wrote ourselves and about half the emails saved since. Kinda worried about only getting a fraction of the money because we do write them ourselves. Honor system kinda thing.

How long does this process usually take?

Just an update. I have my mediation on Thursday. Any tips and pointer to how I should approach it.

With any mediation or situation as this....remain calm, cool, and collected. Provide facts and evidence. Do not let emotions enter at any point. Stick to the specific subject, do not used term like "yeah, but...", and be respectful. Do not cut any party off and remain silent unless you have been addressed and are expected to respond.

These people are professionals and are trained in dealing with situation as this....do not fear that your employer will be able to lie/misguide without being caught.

jut be professional and don't be late on the call.

facts fact and more facts. if you don't have something, say you don't have something. just cause you don't have the print out or emails doens't mean you'll lose.

btw, even if he wins, he still has to garnish the employer right?

if you have a copy of your work schedule and sign in/out sheets, that would help put a nail in the coffin...

any update on the call?

No, its tmr. Just preping everything right now. I have all the logs of my hours (obtained from the person doing payroll)

What I am worried about is the fact that the mediator hasn't called me to confirm. They sent me an email though, but just never replied.

Ok, so I just had my mediation. Didn't get anything done. Its going to adjudication now. Date set after my finals in december.

That sucks, dude.