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 Anyone have any experience with the Ontario Labor board? Advice is welcomed

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SillyStorm
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PostSubject: Anyone have any experience with the Ontario Labor board? Advice is welcomed   Fri 07 Jan 2011, 6:31 pm

Our almost 21 year old Son whom I'll refer to as Jr. has a case before the Toronto Labor board and we're just wondering if anyone has any first hand knowledge/experiences with the process of your claim. A little background info would be;

Jr. worked for this Convienence store for 2 years 8 months and I believe the last year of that the employer was ripping him off at .25 per hour plus he never received ANY holiday pay EVER. No severance pay in fact I insisted Jr. started his claim after the boss with-held his last pay and record of employment and still to date has not given it to him.

The first 5-6 months Jr. worked there it was part-time hours mostly Saturday and Sunday shifts after that has been full time employment, Jr. opened and closed the store 10 am-10 pm. Yes taxes were taken off but never any holiday pay. Jr. did get T4's and did his taxes accordingly.

I think it's important to add the last few months Jr. worked there the employer had interested buyers coming to look at the store which is much like a 7-11 conveinence store. Also the boss was diagnosed with Throat Cancer through that time but Jr. was still regularily employed there full time and was a good, honest and even naive employee but prompt and dependable for sure. Also always on Camera in the store, never any complaints,good rapor with customers etc.

So one day in late July Jr. showed up for his shift only to find the locks changed to the store. When Jr. contacted the boss to question why and could he get his ROE and last pay cheque the boss basically dicked him around with excuses and Jr. has still NOT receicved his last pay and record of employment. After about three weeks of this manipulation and non-return of calls I finally talked Jr. into making contact with the labor board. Contact was made with labor board, employer was sent a letter out-lining Jr.'s allegations and given a two week period to reply and last I heard no reply was forth coming from the employer other than a phone message left on Jr.'s voice mail. The phone message was basically an attempt to manipulate Jr. it basically said "You better watch what you're saying don't forget you've collected OW all this time". Wrong Jr. only collected OW for his first two months of employment while he was part time so obviously the boss has his facts wrong and the message has been saved for later reference.

At this point Jr. is waiting for a follow up letter from the labor board and we're un-sure of the next process. While corresponding with the labor board it was basically decided/agreed according to Jr.'s allegations that the employer owes Jr. 2000.00 just for one year of wages,holiday pay etc. etc so needless to say pursuing this will bring about a lot of good lessons in both standing up for yourself, knowing your rights and not being taken advantage of any longer and so we wait.

Any advice offered would be greatly appreciated. I apologise for the lengh and run on's but I had to type it as I thought it and just hope it goes through without me having to re-type it LOL.

Oh and we've heard twice the store is still open. Labor board says this is a good thing.
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PostSubject: Re: Anyone have any experience with the Ontario Labor board? Advice is welcomed   Sat 08 Jan 2011, 12:09 am

It sounds like you son is about to be compensated! Great news. I would just follow exactly what the board says to do. Maybe he will get $5000 or so - sweet!
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PostSubject: Re: Anyone have any experience with the Ontario Labor board? Advice is welcomed   Sat 08 Jan 2011, 9:23 am

My granddaughter contacted the labor board when she did not receive a paycheck for her last week of work. The guy said he mailed it when she went to pick it up. On my advice she called the labor board. Low and behold the guy finally sent her a check. Also for the ROE I would contact E.I. about this if he applied for E.I.
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PostSubject: Re: Anyone have any experience with the Ontario Labor board? Advice is welcomed   Sat 08 Jan 2011, 11:30 am

Thanks to you both for the replies. Well the Labor board obviously already had contact with the employer and still no last pay or record of employment. Jr. didn't go on EI as it's such a lenghy process for almost squat and apparently having the Labor board contact him didn't even fester the ROE or last pay. Worst part is had the boss given Jr. that last pay cheque he'd have walked away without any qualms but handling it as he has was the final straw for us.

Jr. has good experience and is now working again elsewhere and is also seeking out jobs in fact he had an interview at Value Villiage yesterday and it's looking good they've offered to help him get his Fork lift ticket but I'm un-sure if he's going to take that one as he also has another interview and is getting good hours where he is now.

Through this all I'm pretty proud of Jr. he's doing the right necessary thing and he's got our support all the way.

When I spoke with Jr. last night he said "The labor board is trying to set up a meeting with the employer and himself" but again the employer is not complying thats why I wonder what is next? Tonight when Jr. gets home from work I'll ask to have a gander at his paper work and read it through from the Labor board but for now it's a wait and see I suppose.

Not to worry I'll keep you all updated on any progress we make ... Thanks again for just letting me get this all out LOL
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PostSubject: Re: Anyone have any experience with the Ontario Labor board? Advice is welcomed   Sat 08 Jan 2011, 12:19 pm

I'm sure it will all be resolved I'm glad he's going about it the mature and legal way. My granddaughter told me the place she worked at had such a high turnover cause the guy was a jerk, most of the kids just quit and didn't bother to try and get their money probably why the guy kept doing it. I'm wondering if the BBB should be contacted too? He legally deserves his ROE though.
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PostSubject: Updating Jr's Labor board situation   Wed 12 Jan 2011, 8:45 pm

Jr. received a registered mail letter from the Labor board this morning. Basically it said a hearing has been set for February 16th and should one of them not show up a decision can be made in the others absence. Only good thing is we had to sign for the letter so I'd imagine it would be the same for the employer but if he thus far has been non-compliant I'm left wondering what decision can be made? and or enforced in his absence? At this point it's still been a LONG wait for this and yet there are still no guarentee's of anything forth-coming or progress made and so we continue to wait.

Thanks for reading and I'll continue to keep you all updated on any progress we do make.

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PostSubject: Re: Anyone have any experience with the Ontario Labor board? Advice is welcomed   Fri 21 Jan 2011, 11:17 am

Update:

Jr.'s ex boss left him a voice mail yesterday asking him to make contact so they can pre-work out a settlement between them. Now knowing the whole situation Hubby and I have advised Jr. to not make that contact as knowing **** it'll just be another attempt at low-balling and or manipulation of Jr. to settle for less than is owed. Instead we've suggested Jr. wait for the Labor board hearing to work those details out. Funny how the ex boss didn't care that he left Jr. broke and thought he'd just go away but now he's sweating it out I bet ... let him he deserves nothing less at this point in my eyes.

Oh and Jr. got the Value Villiage job so he's already saving a ton in bus fare as it's walking distance away.

Very Happy
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PostSubject: Re: Anyone have any experience with the Ontario Labor board? Advice is welcomed   Fri 21 Jan 2011, 12:30 pm

Glad to here things are working out for Jr. Here is hoping at the meeting. he gets it all plus some.. Such an aggravating sceniro
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PostSubject: Re: Anyone have any experience with the Ontario Labor board? Advice is welcomed   Fri 21 Jan 2011, 1:07 pm

I hope he really puts the screws to the ex boss. Good luck.

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