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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99506
Experience:  Lawyer
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I recently quit my job in Manitoba and noticed that I was not

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I recently quit my job in Manitoba and noticed that I was not paid my vacation time. I sent an email to my previous employer to send my vacation pay to me and provided my proper address since I moved provinces. I received a response stating that he paid me already but all my records does not show this. This is not a problem, I know I need to contact the Manitoba labour board but in this email he also stated I owe the company $650.00 for a course they paid. I did sign an agreement back in Oct 2011 stating that if I do not stay employed with this company for two years after I passed the course that I would have to pay the course fee back. I passed the course in Oct 2012 which is less than two years which means I owe the money back but, the company which I signed the agreement with was sold and the new owner took possession of the company in May of 2012 and the company name changed slightly. It went from a copmany limited to international inc. but overall a totally new company. If the new owners did not pay for the course how can they request this fee to be refunded. My question is do they have any right to request this from me? Would something like this be transferred over when the company was sold? Your help on this will be much appreciated.
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Does your contract say it is assignable?

Do you know if the new owners bought the corporation?
Customer: replied 4 years ago.

I did not receive a contract so I would say no. The agreement for the education did not say this either.

I am not sure how to answer the second question. I do not know what you mean by bought the corporation. The previous owner put the company up for sale and the newer owners bought it and changed the name of the company. I did notice through the transision that all outstanding payables and receivable up to the date of new ownership was still the responsibility of the original owner.

Does this help?

Do you have your contract available?

And does it say you are employed by a corporation?

Or does is say you are employed by a business that does not appear to be incorporated?
Customer: replied 4 years ago.

As previous mentioned I did not sign a contract when I started with this company and when the company changed ownership. When I started the company it was called A.D. Rutherford & Co. Ltd and when I ended my employment it was called A.D. Rutherford Int'l Inc. When the company switched over I did not sign any papers or contract. The agreement for the education is under A.D. Rutherford & Co. Ltd but A.D. Rutherford Int'l Inc is asking for the money to be refunded back to them. I do know the previous owner and belive this is his money not the new owners. If I go to the previous owner and ask if they will forgive this repayment and if they agree would this make a difference?

You can ask them but you were not employed by the owner in a legal sense.

You were employed by a corporation.

It sounds to me that you were still employed by the corporation that changed it's name.

If that is the case then the former agreement still stands.

But you can certainly try and argue that you have no such agreement with the current employer and see what they say.
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