Careers

Office: not paid in months

  • Last Updated:
  • Mar 8th, 2023 8:58 pm
Tags:
Deal Addict
User avatar
Aug 11, 2003
1713 posts
266 upvotes
C-53

Office: not paid in months

Folks,

My sister worked as a relief Pharmacist in a privately owned Brampton pharmacy more than 3 months ago and she's not been paid. Last week the cheque that they issued, bounced. RBC informed my sister of that and now there is some penalty fee to pay on top of that.

What are our options? This lady hasn't paid up in months. We've emailed her several times, talked to her in person and finally she issued a cheque which bounced.

Pls help.
Please thank me if you find this helpful
9 replies
Deal Fanatic
Jun 13, 2010
8383 posts
11415 upvotes
GTA
doomhammer wrote: Folks,

My sister worked as a relief Pharmacist in a privately owned Brampton pharmacy more than 3 months ago and she's not been paid. Last week the cheque that they issued, bounced. RBC informed my sister of that and now there is some penalty fee to pay on top of that.

What are our options? This lady hasn't paid up in months. We've emailed her several times, talked to her in person and finally she issued a cheque which bounced.

Pls help.
Take her to small claims court. You can also tell her before doing that, that her cheque bounced and you will taking her to small claims court if she doesn't pay up. That may be enough of a threat to get her to give you the money but if it isn't then small claims court it is.
Deal Expert
User avatar
Mar 9, 2007
15602 posts
13233 upvotes
Think of the Childre…
Yeah....court time!

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Deal Addict
Jun 27, 2006
2034 posts
2333 upvotes
Does the owner know that her cheque bounced? Even if your sister does not plan on staying, she will probably need some sort of work reference in the future.

Give her the chance to make it right before going the route of court. Reach out to her via email or at least document that your sister tried to address this offline if it needs to go to court.

Another option, is bringing this up with the College of Pharmacist. Maybe the prospect of it will be enough for the owner to get their act together. https://www.ocpinfo.com/
Newbie
Mar 3, 2023
12 posts
1 upvote
you are not obligated to show up for work if you are not paid for two weeks. she is now a creditor.
as for small claims court. it waste of time.
two weeks loss pay ain't worth any of you time. but 3 months.
Member
User avatar
Nov 12, 2010
406 posts
120 upvotes
Downtown Toronto
Dear Redflagdeals Career Experts,

Currently, I am also in the same situation as OP's sister on one of my two part-time jobs. The manager has owed the employees 2 months of pay. We are on Google Chat for work-related communication, everytime I mention about the pay, the manager keeps on dodging the question by not answering, and everytime I have questions about the projects or have completed the works, the messages from the manager are quick in response.

On my end, the owed amount is about $2,100 (issue in cheque monthly) and the part-time job contract states the manager has to pay on the first day of each month. For such small amount, can I still bring my case to the small claims court? Other employees also have the same issue. I have also gathered the evidence of missed payments.

Thanks!
Software Engineer
Deal Expert
User avatar
Jan 27, 2004
52840 posts
17972 upvotes
ONTARIO
Youre a actually suppose to file a complaint with the ministry of labour in Ontario.

Small claims court is a possibility. But why do that when there is government regulation, oversight and an existing mediation process. They’ll be able to collect payments or force payment a lot easier than you could with a small claims court judgement.
Deal Addict
User avatar
Mar 29, 2008
4114 posts
1212 upvotes
Agree with others - Ministry of Labour. Super easy and free. Might not get the NSF fee reimbursed but the wages should be easy.
Deal Fanatic
Sep 23, 2007
5654 posts
2168 upvotes
My recommendation and also the sequence that you should work things in...

1) Use all reasonable means to communicate with the employer about the issue. Document these attempts at resolving these issues diplomatically (sounds like OP did already).

2) Tell the employer that you will take it to the Ministry of Labour if not resolved in a timely fashion.

3) Report it to the ministry of labour. The MOL will issue a letter to the employer and give a deadline for resolution.

4) Failing that, the employer may be audited by the MOL & the CRA. This is often enough of a threat that employers would choose to resolve the issue quickly. The employer could be fined if not resolved.

5) The only reason the employer may not resolve the issue at this stage is simply because they are unable to. Either due to a death, some kind of fraud where they lost the money, or simply the business being on the verge of bankruptcy. If the company needs to be dissolved, the cash from winding down may be used to pay off outstanding obligations of the company, including to employees who are owed wages. Usually there's a judge who will make these decisions. I'm not sure where employees rank on the priority of payment.

In the realm of small business, you have to understand that there's no way to magically make money appear. In a large corporation, it's nice to imagine that a court will order the big bad employer to pay up. In a small business, DIRECTORS (as in people listed officially as directors of the company, not people withe just the job title "director") are liable for any HST remittances and payroll remittances to the CRA. I don't believe there is a law that can force a small business employer to pay up beyond this. Yes you could end up with a court order where the judge rules the employer should pay. But that's just a piece of paper if the employer simply have no money to pay. A lot of small businesses are solely owned by 1 person, with the same person being a director and the sole officer. In small business realm, liquidating a small business won't generate much cash.

If the situation requires a court to resolve, I assure you it won't be a fast process.

So take the above steps. In the mean time, play diplomacy and look for a new job. Based on OPs post, the employer is stalling, not ghosting. The company might be facing some liquidity issues. Just keep pressuring the employer and hope she prioritize paying you over other vendors.

Top

Thread Information

There is currently 1 user viewing this thread. (0 members and 1 guest)