Do I qualify for Severance pay?

[irish80ca]

So, some of you may have seen my other post about my employer canceling my benefits after I handed in my resignation notice last week.

Ya, the boss wasn't happy but at least I had the decency to give him some notice unlike a few others that recently left with about 30 seconds notice.

Anyway, tomorrow (Jan. 4th 2008) WAS to be my last day but as I was shutting down my computer today to head home my boss told me not to bother coming in tomorrow as there wasn't much for me to do.

On top of this, the days I DID work this week were also shortened as a direct result of me handing in my notice.


I know that on my next pay period there's NO WAY the company will pay me for the 4th.

Can anyone tell me if am legally entitled to get paid for tomorrow since I made myself available to work?

[ullyeus]

gebus man...just shut up and forget about it, take the day off and make a long weekend.

[oneezy]

yes they should pay you for that day

http://www.labour.gov.on.ca/english/es/factsheets/fs_termination.html

[monty613]

yes they should pay you for that day

http://www.labour.gov.on.ca/english/es/factsheets/fs_termination.html

That outlines regulations when an employer terminates an employee, the OP left on his own accord.

Personally I think it's not worth fighting for, I'd just take the long weekend and suck it up.

[oneezy]

That outlines regulations when an employer terminates an employee, the OP left on his own accord.

Personally I think it's not worth fighting for, I'd just take the long weekend and suck it up.

He told his employer that his last day was today (Jan 4), but his employer "dismissed" him from work today, meaning he should get paid for today.

[Grassgreen]

Yes, you should be getting paid for today. But is it worth fighting for when they don't put it on your check?

Dealing with the labor board is a hassle.

[michelb]

I had a similar situation at my last position - I gave my 2 weeks notice and my boss told me he wanted me to leave immediately. When I got my final paycheck, it didn't include the final two weeks. I called him up and asked why and he said that since I agreed to leave immediately, he didn't have to pay me - my position was that I offered to work my final 2 weeks and he's the one that didn't want me to. I filed a complaint with Ontario Labor Board and within a few weeks I got my 2 weeks of pay.

I think all you have to do is fill a form and they (labor board) handled the rest. In my case since it was a few weeks salary, it was a few thousand dollars so was certainly worth the effort but even if it was only for 1 day, I think I would have done it on principal alone.

[irish80ca]

I had a similar situation at my last position - I gave my 2 weeks notice and my boss told me he wanted me to leave immediately. When I got my final paycheck, it didn't include the final two weeks. I called him up and asked why and he said that since I agreed to leave immediately, he didn't have to pay me - my position was that I offered to work my final 2 weeks and he's the one that didn't want me to. I filed a complaint with Ontario Labor Board and within a few weeks I got my 2 weeks of pay.

I think all you have to do is fill a form and they (labor board) handled the rest. In my case since it was a few weeks salary, it was a few thousand dollars so was certainly worth the effort but even if it was only for 1 day, I think I would have done it on principal alone.

I know most people are saying it's not worth the hassle and to "suck it up". It's not about the money at all. I can survive without 1 days pay but like Michelb stated, it's the principal of the matter.

I've worked in the office and seen this guy screw so many of the technicians out of hard earned money and these guys break there backs for him and get no respect what so ever.

They're all afraid to say anything when he short pays them incase they loose their jobs. I've not hidden my feelings on this issue at work and I have nothing to loose by standing up to him now.

He's decided not to pay 2 employees the 3 stat holidays (Dec. 25th, 26, & Jan. 1st) because they didn't work the day prior to those holidays and that's only because HE told them to stay home that day! Another guy did an emergency service call over Christmas and booked his hours for it but the boss cut an hour off his day because he a second employee started an hour later. So he takes the shorter of the two and doesn't even ask or tell the first guy what he's doing.

How many of you that seem to think it's no big deal would be ok with this happening to you, a friend or family member? If he screws me I'll nail him to the wall and hope he learns his lesson and thinks twice before doing it again. If I don't he'll do it again.

*PS* I'm not yelling at anyone here for they're responses to this thread. It just bugs me to see the majority of you would let someone take advantage of you or a friend. And thank you to those who provided the links.

[boxingday]

I know most people are saying it's not worth the hassle and to "suck it up". It's not about the money at all. I can survive without 1 days pay but like Michelb stated, it's the principal of the matter.

I've worked in the office and seen this guy screw so many of the technicians out of hard earned money and these guys break there backs for him and get no respect what so ever.

They're all afraid to say anything when he short pays them incase they loose their jobs. I've not hidden my feelings on this issue at work and I have nothing to loose by standing up to him now.

He's decided not to pay 2 employees the 3 stat holidays (Dec. 25th, 26, & Jan. 1st) because they didn't work the day prior to those holidays and that's only because HE told them to stay home that day! Another guy did an emergency service call over Christmas and booked his hours for it but the boss cut an hour off his day because he a second employee started an hour later. So he takes the shorter of the two and doesn't even ask or tell the first guy what he's doing.

How many of you that seem to think it's no big deal would be ok with this happening to you, a friend or family member? If he screws me I'll nail him to the wall and hope he learns his lesson and thinks twice before doing it again. If I don't he'll do it again.

*PS* I'm not yelling at anyone here for they're responses to this thread. It just bugs me to see the majority of you would let someone take advantage of you or a friend. And thank you to those who provided the links.

You do have something to loose.If you down the road want a letter of reference.Should you get serverance pay no.Here is why you were not fired.Now you still should get paid for the day.

[ullyeus]

You do have something to loose.If you down the road want a letter of reference.Should you get serverance pay no.Here is why you were not fired.Now you still should get paid for the day.

In fact...he has everything to lose and nothing to gain.

If he had significant issues he should have brought them up during his employment. To make a big issue out of spite to "teach him a lesson" doesn't reflect well on the OP or his professionalism.

[rborek]

He's decided not to pay 2 employees the 3 stat holidays (Dec. 25th, 26, & Jan. 1st) because they didn't work the day prior to those holidays and that's only because HE told them to stay home that day! Another guy did an emergency service call over Christmas and booked his hours for it but the boss cut an hour off his day because he a second employee started an hour later. So he takes the shorter of the two and doesn't even ask or tell the first guy what he's doing.

Both are clearly illegal. In the first one, it's the _scheduled_ day before and after the holiday - if he told them the stay home, then it's not a scheduled work day. Also, if you call in with a valid excuse (ie sick), it's also not a scheduled work day, and you still get paid. Just about the only time you DON'T get paid is if you just don't show up for work.

The second one... doesn't matter what some other worker did or didn't do, if you work x hours on a holiday you get paid x hours for the holiday (at time and a half), in addition to your holiday pay.