#EmploymentStandards #PayrollIssues #LegalAdvice #PaymentDisputes #RecordOfEmployment
Based on the information provided, it seems that your ex-employer has made several errors in handling your payments and record of employment. Here are some steps you can consider taking:
1. Consult employment laws and regulations: It is important to familiarize yourself with the employment standards in your country or region. This will help you understand your rights and entitlements, as well as the legal obligations of your ex-employer.
2. Maintain all relevant documentation: Keep copies of any emails, paystubs, records of communication with the company, or any other evidence related to your employment and payment issues. These documents may prove crucial in establishing your case if the situation escalates.
3. Communicate with your ex-employer: Respond to their email politely and clearly state the facts – that you were terminated, not resigned, and provide them with the accurate last day of work. It is essential to keep a record of all communication with them.
4. Seek legal advice: Given the complexities of your situation, it may be beneficial to reach out to an employment lawyer or seek advice from your local employment standards agency. They can provide guidance specific to your case and help you understand your options moving forward.
5. Cooperate with Employment Standards: Continue cooperating with Employment Standards regarding your initial report. Once they contact you, provide them with all the necessary information and evidence regarding the payment discrepancies.
6. Evaluate your repayment obligation: If you genuinely believe that you were overpaid, it is advisable to consult with a legal professional to determine your repayment obligations. They can review your situation and help you understand if your ex-employer has a valid claim for reimbursement.
7. Consider the possibility of legal action: While the chances of your ex-employer taking you to court are uncertain, it is crucial to be prepared. If they do decide to pursue legal action, having all relevant documentation and seeking legal advice will help you present a strong defense.
Remember, it is important to proceed within the boundaries of the law and act in a professional manner. Engaging in any questionable or retaliatory actions could potentially harm your own legal standing. Focus on ensuring your rights are protected and seek appropriate legal advice to navigate this situation effectively.
Want to drag it out?
Step 1 – don’t respond
And certainly don’t get suckered into saying you resigned.
IANAL, but my kneejerk petty side is to tell them that they should have all of those records, as they terminated you. If they believe there is some error, they can do the math and submit a format request to you in writing. At that time, review the request and see if they are right. If they are wrong, point out on what way and let them correct it on their end.
I’m in the don’t bother responding camp other than perhaps a simple response of “I didn’t resign”
Legally, the way to drag it out for them and make it the most costly for them would be dragging it out for yourself and making it more costly for yourself – in particular, getting a lawyer involved. So it’s all up to if you think that tradeoff is worthwhile to you.
That sounds like a “them” problem. They’re trying to get you to admit to a problem they don’t have the documentation to back up.
It’s not your job to spend your time fixing administrative issues for a company you do not work for. Full stop.
Feel free to ignore their communication. If they wish to recoup any money they believe was distributed to you in error, they can request you return that money along with an explanation of the request.
Anything beyond that they can pound sand. Whatever you do, don’t deal with anything from them that isn’t in writing, and retain everything.
>send me my record of employment, something they havne’t done yet that was supposed to be done a long time ago
I’ve never heard of this so I assume it’s a canada thing, but I feel like surely there is a legal responsibility for them to send you this in a timely manner? Is there not a labor board you can contact about their failure to do what’s required of them?
Move that money into a separate account, don’t touch it. By your own account it wasn’t yours, so let it sit and collect interest that may very well become yours.
Don’t respond to an email, wait and read certified mail or legal correspondence, but especially if sent certified.
What is your employment status presently? Did you receive government benefits during any unemployment time? This matters for your termination versus resigned.
You may want to close that bank account and switch to a new one if this employer is that incompetent and has your checking/routing number. Don’t even give them the opportunity to initiate an ach pull from your account.
Tell them you’re not sure as can’t find your timecard.
Well let me check my records the last direct deposit was Xx date so must have been around then.
Go no contact, do not spend the money.
Don’t respond at all. It’s not your job to help them. They ducked up and are trying the easy way to fix it.
If I were to guess what happened here, employment standards contacted them for more information, including the ROE, to determine if your claim is valid. Now they are scrambling to document and/or cover up their incompetency.
Once Employment Standards determines what happened they basically tell the company how to to fix the issue and if they push back threaten the company with fines/court. Of any money is collected it will be sent to you.
You sound bitter and petulant. If you really want to do *yourself* a favor, move on and forget about this company. You are only feeding into your own issues at this point. Move on and don’t reply to anything from them at all
What province are you in? In any province you are also owed vacation pay. In Ontario it is 4% of your earnings. That could have been included in the last deposit. Also they are required to submit your ROE no more than 5 business day from pay date or when the pay period ended whichever is later. They don’t need to physically give it to you, but submit to service Canada and you can access it on your account. They are also required to provide a paystub for all hours worked. They cannot write it out or give you a print out from the online payroll calculator.