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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101013
Experience:  Lawyer
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I have a few more questions. My boss has given me a payout

Customer Question

I have a few more questions. My boss has given me a payout which I would like to counter. This has not gone through the courts at all and since I cant talk to him I was wondering how to proceed. Here is what I got from him:Pay period July 1-18 2016 last full day worked.July work days 21. Days worked 12. $3800 / 21 x 12 = $2171.42$2171.42 - $1500 retainers for failure to show up / complete a work day and for failure to complete the contract by resigning. = $671.42$671.42 - $245 (not returned work uniforms (2 hoodies, 2 golf tS, 2 pairs of pants and 1 sleevless tank top. ))= $426.25 final payUniform: I have 1 hoodie and I never received a second, 3 golf shirts, 1 pair of pants (I declared the others lost, and I left the unzipped pant legs of the pare I have in the work truck when I left, the sleeveless tank to I gave to my team-lead because I would ever wear it, I also have a Cap which he didn't mention, and a second I bought myself with the company logo (I bought it myself as he sometimes takes weeks to get things done). On this, since I he has told me to stop contacting him, my brother is willing to return my uniform, Should I do this, can I video tape the encounter since I believe there is a possibility he wont accept them.Retainer: for my last day on the 19th I did come late, but I told my team-lead before he left his house and he was ok with it, so I never failed to show up. I did show up and work 8.5 hrs. This was a day which I was already allowed to leave early at 6:15. I left after my team lead and I got in a verbal argument where he told me that It was ok if I left, this was at 4:30. There was a third worker who heard this as well as a few of the people who lived at the work site (condos). The retainer for braking the contract is $750, I believe that the $750 he kept for failure to show up/ complete a day of work is unjustI was also wondering if in an order to cease and desist contacting him, does he had the right to tell me not to talk to his other employees. Obviously I wont contact them or visit them on the job site. But talking to my team lead would help me out.My problem with going to court is that it will be my word against his, I have his emails but when he told me to stop talking to him my first reaction was to delete his contacts on my phone so I wouldn't be tempted to message him again. As the messages were not backed up I don't have any electronic conversations. I am also worried about paying more in legal fees then I will be getting.I also am curious if I can accept the $ 426.25 sent as an e-transfer or if I should wait till this is settled.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

You should return all work uniforms that you have and provide an explanation just like you explained to me about the other parts.

You should make it clear that you most assuredly did show up to work but came a bit late and this was with the consent of your team – lead. You can actually tell them that if you end up going to court over this you have witnesses to substantiate this.

You can tell him if yo like that you will not speak to any employee on the job site and will not attend the job site. He has no right to tell you who you can speak to off the job site. He is not the police or a court.

If you go to court it will be his word against yours but that is often the case. It is rare that people have enough witnesses or documents to back up their side of the story. But in court you get to testify under oath and you get to cross-examine him when he testifies under oath and judges are very good at determining credibility.

You would only pay a lawyer to send a demand letter to the employer.

If you were to sue the employer that would be in small claims court and you would clearly self represent. And I would help you from this end whenever you needed help.

If you are sent money by way of E transfer you can send a message back saying that you have accepted that amount as partial payment towards what is owed you.

Expert:  Debra replied 1 year ago.

Is there anything more that I can help you with at this point in time?

Customer: replied 1 year ago.
I sent my demands and explanations and a deadline of Aug 15 to send the remainder of the money I believe he owes me.I did this by email. I have also returned my uniform to his house, not him directly but I have photos and he has servailance at his house. So far I have heard nothing back from him.
Expert:  Debra replied 1 year ago.

So there is nothing you can do now except wait and see if he answers at all.

If you fee we are done here please rate me now so I can receive credit for my work.