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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98468
Experience:  Lawyer
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Is it legal employer to pay me in lieu of my two weeks

Customer Question

Is it legal for an employer to pay me in lieu of my two weeks notice but then decide to keep another two weeks because the other assistant was on vacation? I am aware that they have been trying to let me go since December although they have not said anything to me yet then last pay period I was overpaid by over $1500 and they still did not terminate me I heard that I was supposed to be let go that Friday but they then decided against it because the other assistant went on vacation.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am not following.

Were you clearly dismissed?

Do you want to stay on and do extra work?

Customer: replied 1 year ago.
No I was not dismissed yet no one has even spoke to me or said anything..I know I am cause I've heard a conversation that I was supposed to be on the Friday that I received an "overpayment" which was obviously my two weeks in notice that day they were supposed to let me go but they then decided that they were going to keep me on cause the other assistant was on vacation and they couldn't do without anyone there to cover the work. They have also withheld my pays tub in order for me not to find out that the overpayment was really my pay in lieu
Expert:  Debra replied 1 year ago.

So are you saying that you got overpaid, did not ask why, and are assuming it will is because you are about to be dismissed?

Customer: replied 1 year ago.
she claimed it was because of overpayment but I know for a fact it is because I was supposed to be let go that pay period but they are keeping me on because the other assistant is on vacation and they didn't not want to do without an assistant in the office she also withheld my paystub. I would like to know if it is legal for them to do or what I need to say or do when they finally let me go tommoroe
Expert:  Debra replied 1 year ago.

How long have you worked for them for?

Customer: replied 1 year ago.
10 months
Expert:  Debra replied 1 year ago.

I am sorry you are in this difficult situation.

If you are dismissed tomorrow there is nothing you can do about it.

After working for such a short time you are not going to get more than what they are planning to pay you for termination pay if you sue.

So there is no legal recourse unfortunately.

It is very unprofessional for them to have treated you like this so you are likely well rid of them, if that is any consolation.

I am sorry as I know this is not the answer you were hoping for but you need the right answer of course.

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