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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100416
Experience:  Lawyer
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I have a question in regards to employment law. I have a new

Customer Question

hello, I have a question in regards ***** ***** law. I have a new small business and 1 of the employees quit during the probation period and there was no signed contract. There was training that happened on machines before the business opened. I did inform them prior that training that happened before the opening day is unpaid. I paid the employee who quit in full according to hours worked. She is saying I owe her for training, stat pay and vacation pay, according to ministry of labour, can you shed some light on this please.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: ontario
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just got a text 24 hours ago from the employee saying I owe her, so I thought to get a legal advice before I reply to her. Is the advice free?
JA: The Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.
Customer: How is the payment made, and how much is it?
JA: It's only $5.
Customer: How do I pay that?
JA: When we are ready I'll take you to the appropriate web page.
Customer: ok
Submitted: 2 months ago.
Category: Canada Law
Expert:  Debra replied 2 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 2 months ago.

Before I begin did you get the cost of this site explained to you.

It is not free and it is not only $5. The greet bot did not explain fully. The $5 is a deposit but you are charged the full question price as soon as I answer. So I don't want to go ahead until you confirm you understand and want me to go ahead. I don't know the full question price though because I don't work for the site.


Customer: replied 2 months ago.
What's the full question price?
Expert:  Debra replied 2 months ago.

As I said, I don't know. You have to ask customer service. I am a practicing lawyer and don't work for the site so I just log in the way you do and see a list of questions and choose which to answer.

Please discuss with customer service and then let me know if you want to go ahead. I am happy to help but understand if you don't because of the confusion about the price.

Customer: replied 2 months ago.
It saying $79 dollars for the call. Is this the price, I just don't want any surprises.
Expert:  Debra replied 2 months ago.

There is a question price. It will be less than the $79. So there is a $5 charge and then some question charge. If you want a call there is an additional charge of $79 on top of the $5 and question charge.

Customer: replied 2 months ago.
Ok let's proceed.
Expert:  Debra replied 2 months ago.


I am going to check a couple of things and then give you the answer.

Customer: replied 2 months ago.
Expert:  Debra replied 2 months ago.

For vacation pay, if the employee has not taken any paid vacation then they are entitled to be paid vacation pay which is 4% of their pay. You have to provide this pay now later than the seventh day after the employment ended or the day that would have been the employee's next pay day, whichever of those days is later. You have to make a lump sum payment of this amount.

If the employee worked on the last day before a statutory holiday and then again on the first day after a holiday and you didn't pay them for the day they are entitled to be paid. If they worked during that day then they are entitled to time and a half.

In terms of the training day, if you required it then the employee is entitled to be paid for it as a regular working day. If it was voluntary then the employee is not entitled to be paid for the day.

I know this is not what you were hoping to hear but does it clarify the law for you?

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 2 months ago.

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

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