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Old 05-10-2019, 05:43 PM   #1
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Employment dispute

I recently took upon a part-time position to supplement my income for 31 days.

Everything went smoothly and I got excited because this is what I needed with my goals.

After days went by, I asked if they needed my SIN card(for taxes). They didn't know what it was so I shrugged it off and I came to a thought of treating this like any contracting job. ( so I can record and calculate amount myself for taxes season)



At first, the employer offered me $2.65 below minimum wage which I declined and we both agreed on $12.65

In a small cafe, I helped out as a kitchen prep and as a server.

The employer mentioned that I was allowed to have one sandwich or pasta dish per shift (free of cost).

During my time there, the employer was going through a rough time and had surgery, which encouraged me to work harder to not screw up, I felt sympathetic which I knew was wrong when it came to business.



When it's time for payday(bi-weekly) they withheld one the week of my pay.

That didn't worry me too much until things got sour and they kept thinking of ways to blame.

I got fed up and I decided to get things documented.

I wrote up a very basic simplified statement of work contract and brought it to work.



When I got to work, I told him that I needed to talk with him in private.

I explain to him about the situation and how I felt about working in his establishment and if he would like me to continue working with him.

He did not listen to me at all, which I hope isn't true.

I allowed every second for him to express all his thoughts and feelings which led him rejecting to sign the contract.



He told me to wait for him to come back as he steps away.

I waited 10-15min and proceeded to the washroom ( I really had to go).

That is when I saw him at the cafe, I showed up and he demanded for the key he gave me for closing the gate to the facility.

I refused until he paid the outstanding amount for the time I contributed to his establishment because today is payday.



He started getting red and yelling at the top of his lungs and waving his hands around.

I can't believe I am working with a person like that...

I kept a professional image and acted calmly while he threatens me by calling the police which he didn't and called the security instead.

Security came and I complied to everything they had told me to do which I understand. The key is his property.



Before I wanted to leave, I wanted to calculate my time and the payment for the employer to sign underneath it because I wanted closure.

After calculating the total, the employer tries to deduct my pay by saying that the food that I had taken home is not free anymore because I quit or laid off, which every term you want to use.



My eyes opened and my jaws dropped. I can't believe he is doing this. After all that I've done for him.

This is a total of 20% deducted out of my paycheck.



I rejected his offer and left with security because I strongly disagree with what he has to offer me and how I was being treated.

I am now filing a complaint to the Employment standards branch hoping to solve this problem and get paid appropriately.



I know there are some smart people out there who experienced what I've gone through and have the knowledge, can you please help me out.

I can't afford an employment lawyer or know any and the amount I am getting paid for is not worth the consultation fees.



My question is, can the employer allow to deduct my pay for the sandwiches I've taken home? He said it was free when I was still an employee?



I left out some information that is worth mentioning but I wanted to keep this short as possible.

Thank you for your time and I really appreciate your support!
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Old 05-11-2019, 07:43 AM   #2
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this will turn into he said she said because all verbal and no-contract.

what is the total financial loss in dollars?
how long did you work for the guy in hours?
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Old 05-11-2019, 08:33 AM   #3
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Nothing written or signed, might not be worth to pursue considering the time wasted back and forth dealing with this shitty employer. That time could be used to earn income at a different job. Are we talking ten's of thousand or couple thousand? I always look at return on investment whenever I do things now, "is it worth my time to pursue".

If I were in the situation, would threaten to call health inspection to his restaurant if didn't pay me properly, restaurants can get royally fucked over. Plus get some buddies to write up negative online reviews. It's come down to verbal confrontation anyways lol =P
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Old 05-11-2019, 03:49 PM   #4
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What’s the restaurant? I’ll put up a neg review to help
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Old 05-11-2019, 05:03 PM   #5
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i would just flag this fb / online profile etc. Lesson learned, no pay no work or at least partial.
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Old 05-11-2019, 08:15 PM   #6
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Originally Posted by tiger_handheld View Post
this will turn into he said she said because all verbal and no-contract.

what is the total financial loss in dollars?
how long did you work for the guy in hours?
I am uncomfortable with disclosing this information..
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Old 05-11-2019, 08:16 PM   #7
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Nothing written or signed, might not be worth to pursue considering the time wasted back and forth dealing with this shitty employer. That time could be used to earn income at a different job. Are we talking ten's of thousand or couple thousand? I always look at return on investment whenever I do things now, "is it worth my time to pursue".

If I were in the situation, would threaten to call health inspection to his restaurant if didn't pay me properly, restaurants can get royally fucked over. Plus get some buddies to write up negative online reviews. It's come down to verbal confrontation anyways lol =P
I am not here to ruining people lives, I just want what is mine.
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Old 05-11-2019, 08:17 PM   #8
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What’s the restaurant? I’ll put up a neg review to help
I don't want to disclose the company's name and have them defamed.
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Old 05-11-2019, 08:18 PM   #9
My AFC gave me an ABS CEL code of LOL while at WOT!
 
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It's not illegal yet in BC for employers to keep gratuities, is it?
It is my first time for customer tipping me and I am inexperienced with tracking and calculating tips. Will it be ineffective to file a complaint about that too?

Last edited by ilovebacon; 05-11-2019 at 09:27 PM.
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Old 05-12-2019, 10:39 AM   #10
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Isn't tax at a restaurant for the waiters/kitchens etc coz everyone gets a share (maybe the owner too). But I don't think the owners can take all the tips.

Lesson learn never work more than have to unless there is something sign or doc. I still do some OT here and there but is mostly to finish my work which is usually 5 to 10mins at most. If they want me to stay longer they can either pay me or let me leave earlier some other time.
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Old 05-12-2019, 02:55 PM   #11
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You can try getting a $25, 30 min consultation to see how strong your case is.

https://www.cbabc.org/For-the-Public...ferral-Service

I'm not a lawyer, but it might come down to proving that you were employed by this guy. What's worse for him is that it sounds like he was paying you under the table.
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Old 05-12-2019, 07:02 PM   #12
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Quote:
Originally Posted by ilovebacon View Post
I can't afford an employment lawyer or know any and the amount I am getting paid for is not worth the consultation fees.
Quote:
Originally Posted by ilovebacon View Post
I am uncomfortable with disclosing this information..

Just drop it.
Take it as a life lesson and move on.

Never accept any unwritten deals in the future - in business, house (employer) always wins so do what you have to protect yourself. At the end of the day, it's just a transaction - you aren't there to become part owner on week 4.
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Old 05-12-2019, 09:37 PM   #13
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Depends on the amount and circumstances.

My last 2, long term jobs, were made on a handshake. You need to know the person's reputation and not lay down, if you go about it that way, though.
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Old 05-13-2019, 04:53 PM   #14
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Quote:
Originally Posted by ilovebacon View Post
I am not here to ruining people lives, I just want what is mine.
I'm not saying go purposely ruin the employer life (I know you have more important things to do with your time), more so as a last resort if they aren't willing to compromise. From the sounds of things, the employer being unreasonable, so why should you bend over to this employer?

Essentially you worked under the table, nothing "legally binding" between you and this employer. How are you going to prove the initial agreement was that the food were to be free of cost? You just simply cannot due to being verbal unless there was a signed agreement or if the company had a written policy, food is to be free to the employee. He can say he never agreed to that or claim you misheard.

Is it worth your time to pursue essentially for nothing in the end? That's for you to decide.
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Old 05-14-2019, 09:01 AM   #15
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CRA his ass
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Old 05-16-2019, 06:30 AM   #16
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Depends on the amount and circumstances.

My last 2, long term jobs, were made on a handshake. You need to know the person's reputation and not lay down, if you go about it that way, though.
Same, my current position was nothing more than a handshake this will be my 8th year here.

You should be able to find some information here

https://www2.gov.bc.ca/gov/content/e...ment-standards
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Old 06-14-2019, 10:42 AM   #17
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You gotta go back and ask for the hours owed while wearing a bug, camera glasses with a mic. Then present the evidence to small claims him acknowledging it.
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Old 07-22-2019, 02:55 PM   #18
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If you talk with employment standards they will mediate this whole process. This will also open up a can of worms with CRA for that owner because I am sure you are not the only person he paid under the table.
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Old 07-22-2019, 08:50 PM   #19
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I would calculate the damage (20% of a restaurant job part time is what a few hundred bucks). What's your time value to pursue this further, make sure to include the time you spent writing this thread (serious)? I personally would chuck it as a lesson learned.

Get the next mofo to sign on the dotted line + paid on schedule by cheque/ auto deposit. Don't give a shit about reputation. You can be lovey dovey handshaking but get them to provide an original signed contract from you and them.

Guys know he got you by the ball with all the verbal shit. Lots of mickey mouse biz like this clown's out there.
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Old 07-22-2019, 09:01 PM   #20
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The total time value that I've lost from this establishment is 89 hours back in 2018 when wages was 12.70
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Old 07-22-2019, 09:02 PM   #21
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If you talk with employment standards they will mediate this whole process. This will also open up a can of worms with CRA for that owner because I am sure you are not the only person he paid under the table.
My application with employment standard branch is on-going. Haven't received any update from them just yet. Hopefully soon.
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Old 07-23-2019, 06:29 PM   #22
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Quote:
Originally Posted by tiger_handheld View Post
this will turn into he said she said because all verbal and no-contract.

what is the total financial loss in dollars?
how long did you work for the guy in hours?
Quote:
Originally Posted by ilovebacon View Post
I am uncomfortable with disclosing this information..
Quote:
Originally Posted by ilovebacon View Post
The total time value that I've lost from this establishment is 89 hours back in 2018 when wages was 12.70
what made you change your mind?
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Make the effort and take the risk..

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Old 07-24-2019, 09:40 PM   #23
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what made you change your mind?
Life goes on...
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