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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99984
Experience:  Lawyer
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Quick question I quit a job to take a new job with another

Customer Question

Quick question I quit a job to take a new job with another company they sent me to work and my first shift was 23.5 hours and 12.5 hours a day after for nine days during the time I was away working on day seven my vehicle was stolen out of there fenced yard cause I was told to leave the keys in gas cap when I returned on the 9 day they told me about the vehicle and to report it. After five days off I was called into work and questioned them about only getting 3.5 hours overtime on my check so they called me back 1 hour before I was supposed to be at shop and told me I no longer was needed now I'm jobless without a vehicle is there any route I can take
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 8 months ago.

That is so terrible.

Did they lure you away from your job?

Did they pay you the rest of the overtime?

Customer: replied 8 months ago.
No ot paid yet and still have not recovered vehicle I was fired for inquiring about overtime they of course said it was not going to work for them
Customer: replied 8 months ago.
The biggest problem I'm having now is unemployment benifits do to one roe is quit and the other is dismissed and I have no vehicle to find work
Expert:  Debra replied 8 months ago.

I was asking whether they lured you away from your former job and whether they paid you what they owed you. I know why you were dismissed.

Customer: replied 8 months ago.
they offered me more money and never gave me what they said I was making 30 per hour at first job and they offered 37 after trained
Expert:  Debra replied 8 months ago.

So they took steps to convince you to leave your other job?

Customer: replied 8 months ago.
I applied to there posting and they replied offering more money and steady imployment throu the winter deal was 26 per hour for 1 week training then 37 per hour my first two day cheque showed 7.5 hours at 20 and 24 hours at 25 and 3.5 at 37.50 the ot I had been with the other job seasonal for 8 years
Expert:  Debra replied 8 months ago.

There are a couple of separate issues as I see it.

First, they owe you what you earned and what they agreed to. Of that there is no doubt. You can file a complaint with the Employment Standards Branch and then they will get what you are owed in terms of what you earned. This will be simple and there will not be any charge for you in terms of fees.

The other issue is whether they owe you termination pay as you were clearly dismissed without just cause. In most cases when you work for an employer for less than three months you would not be entitled to termination pay but your case sounds a bit different than the usually case. The reason why is they knew you had a job but convinced you to take theirs instead by offering you more than you were getting at your then current job.

Then they not only breached their agreement with you but dismissed you for asserting your legal rights.

So in my view you may be able to sue them for damages even though you just started working there.

I suggest that you consult with an employment lawyer as your best next step with a view to retaining the lawyer to send them a demand letter and threatening damages.

If they are saying you are being dismissed for just cause and this may impact on your eligibility to get EI you will be able to explain to EI that you were dismissed when you demanded to be paid for overtime and can show them the proof of your complaint with the Consumer Protection Branch.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 8 months ago.

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