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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100032
Experience:  Lawyer
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In 2015 I was employed at the Comfort Inn Owen Sound On and

Customer Question

In 2015 I was employed at the Comfort Inn Owen Sound On and had to have surgery on my back and during this time the hotel was owned by Sun Ray Company.I had worked for them for one year, during the time that i was off the hotel got sold again all the other employees all got their pay out except for me. I did not knew anything about the changing of hands until I went to get my holiday pay that was owed to me I was informed of the sale and that I got my payout and I informed Penny Blair the front desk manager that I had not and knew nothing about the change of hands she then contacted the manager Krista Morris and she had Penny give me a number to call and that it was my responsibility to track down my holiday pay.
I am having a hard time explaining this.I hope I explained it ok. My name is ***** *****yer.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this. Are you saying that you are owed termination pay and also holiday pay?

Customer: replied 1 year ago.
No.I am saying that I was owed holiday pay from Sun ray Co while I was off for my surgery and during this time the hotel got sold again and everyone else got a payout except for me.
Customer: replied 1 year ago.
Do you understand what I am saying? If not you can call me which is much easier.
Expert:  Debra replied 1 year ago.

I cannot call you but I understand about the holiday pay. What I am asking is whether you received any termination pay after working there for a year?

What does your Record of Employment say?

Customer: replied 1 year ago.
Sorry for not staying on the line for your response but had an appointment i had to go to.
As for my record of employment i am not sure if i even received one i did get my T4 slip.I am going to give you more of what was happening while i was off. I contacted my manager a couple of times while i was off and she informed me that the company was saying that i had abandoned my job even with doctors note.
Your question was did i get termination pay for the year i was there NO i did not even know they had changed hands again until i went in requesting my holiday pay which i left a note because there was no managers available to talk to even then i waited almost 2 wks for a call ad nothing so i called again and that is when i was told about the change of hands and that i received my payout and had to tell her several times that i did not received any money from them.
How much is this costing me? My understanding with the board of labor they were to help people not lawyers.
Customer: replied 1 year ago.
I spoke with my husband as to if i received record of employment and he confirmed what i said earlier that i did not receive one. Yes i received UI for sick benefits and did not need those records.
Expert:  Debra replied 1 year ago.

So it sounds like you thought you had a job to go back to but you are being treated as if you quit.

And if that is the case you are entitled to termination pay.

That means that you are entitled to receive reasonable notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

There is no likelihood that they are going to listen to you so your next step should be to consult with an employment lawyer in your city face to face. The lawyer will send a demand letter threatening a lawsuit. The letter will not cost much and will be worth it.

Then if they don't pay you, you can either file a complain the Employment Standards Branch if they can still help but you may be out of time, or you can sue them in Small Claims Court and can self-represent. If it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.

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