advice from Canadians

[Island Cove]

I deleted this because she's so friken paranoid right now that I don't trust her.

[SSmith]

How long has she worked for you?

[Island Cove]

since June I think

[SSmith]

Here is labour standards information.. What I would do is pay her 2 weeks serverance instead of the 1 week that is required because labour standards in BC wont even entertain it, if she complains.. Cut your losses and move on she seem like she is more hassle then trying to put the effort in...

The B.C. Employment Standards Act does not take away an employer’s right to terminate an employee with or without cause. The Act requires that employees who are terminated receive compensation based on length of service.
Compensation Eligibility

An employee who is terminated may be eligible for compensation based on the following formula:

• After three consecutive months of employment - one week’s pay. After 12 consecutive months of employment - two weeks’ pay
• After three consecutive years - three weeks’ pay, plus one week’s pay for each additional year of employment to a maximum of eight weeks.

A week’s pay is calculated by:

• Totalling the employee’s wages, excluding overtime, earned in the last eight weeks in which the employee worked normal or average hours, and dividing the total by eight.

The sale, lease or transfer of a business does not typically interrupt an employee’s period of continuous employment.

No compensation required with working notice

• No compensation is required if an employee is given advance written notice of termination equal to the number of weeks for which the employee is eligible. Please note that this notice MUST be in writing.
• An employee can also be given a combination of written notice and compensation equal to the number of weeks’ pay for which the employee is eligible.
• An employee cannot be on vacation, leave, temporary layoff, strike or lockout, or be unavailable for work due to medical reasons during the notice period.
• If employment continues after the notice period ends, the notice is of no effect.
• Once written notice has been given, the employer may not alter any condition of employment, including the wage rate, without the employee’s written consent.

Notice or compensation is not required if:

• The employee has not completed three consecutive months of employment.
• The employee quit or retired.
• The employee was dismissed for just cause.
• The employee worked on an on-call basis doing temporary assignments, which he or she could accept or reject.
• The employee was employed for a definite term.
• The employee was hired for specific work to be completed in 12 months or less.
• It was impossible to perform the work because of some unforeseeable event or circumstance (other than bankruptcy, receivership or insolvency).
• An employer whose principal business is construction employed the employee at one or more construction sites.
• The employee refused reasonable alternative employment.
• The employee was a teacher employed by a board of school trustees.
• If a definite term or specific work is extended for at least three months past its scheduled completion, the definite term and specific work exceptions described above would not apply.

Temporary Layoff

• An employer is not required to give notice of termination or pay compensation if an employee is laid off temporarily.
• A week of layoff is a week in which an employee earns less than 50 percent of his or her weekly wages at the regular rate, averaged over the previous eight weeks
• When a temporary layoff becomes a termination, the last day worked is the termination date and the employee’s entitlement to compensation for length of service is based on that date.
• A temporary layoff becomes a termination when:
  • A layoff exceeds 13 weeks in any period of 20 consecutive weeks, or
  • A recall period for an employee covered by a collective agreement has been exceeded.
• A layoff other than a temporary layoff is considered a termination.

Group Terminations

• Where an employer intends to terminate 50 or more employees at a single location within a two-month period, the employer must give written notice of group termination to each employee affected. The employer must also notify the Minister of Labour and Citizens' Services, and any trade union that represents the employees. The length of notice depends on the number of employees affected.
• If the amount of written notice is less than the required termination pay, employees must be paid the difference.
• Group termination requirements are in addition to individual termination requirements. The individual and group notice periods may not coincide.

Branch may deem employment terminated

• If an employer substantially alters a condition of employment, the Branch may determine that a person’s employment has been terminated. In such a case, the termination provisions of the Act apply.

Wrongful Dismissal

• “Wrongful dismissal” is different than termination under the Employment Standards Act. Employees may wish to sue their ex-employers in the courts for wrongful dismissal. Anyone considering this option would need to seek independent legal advice.

If an Employee Quits

• Employees who voluntarily terminate their employment are not entitled to written notice of termination or compensation pay. Final wages, including any outstanding wages such as annual vacation pay, statutory holiday pay and overtime either worked or in a time bank, must be paid to the employee within six days after the employee’s last day of work. The Act does not require the employee to give notice to the employer.

[SSmith]

here is the website I hope it helps
http://www.labour.gov.bc.ca/esb/

[Island Cove]

thanks. Just not clear if I can terminate her now since she was given medical leave?
I haven't sent in my copy of the ROE yet. Can I redue it?

[SSmith]

When is she set to come back, do it then, until then just leave it because you dont have to pay her until she comes back. Fire her on her first shoft back and hand her the new ROE dated that day and give her a severence ck then.

[SSmith]

opps sorry, I was multi tasking... it should be shift not shoft

[Din]

If she's on medical leave...you can't fire her. She hasn't been there to do anything to get fired. If you were to fire her...she shouldn't have been given medical. You'll get screwed.

You don't have evidence that she was the one giving out the free tans, unless you can prove that she was the only one on shift when those sessions were given.

Just because the computer doesn't match the meter on the bed, doesn't mean that she gave out free tanning. (in the gov't eyes)

Unless it's in her contract that she owes you money for any missing money/sessions...you can't charge her for it.

Yes, it is illegal to withhold money/pay from an emplyee. Proper steps is to pay her and then take her to small claims court for what she owes you (theft). You'll also need evidence that she was on shift when those free tans were given out. it also has to be stated cleary on paper that FREE tans are NOT allowed to be given out in your hand book. if it's not...it's your word against hers and you get squat...she can just say that you told her to give free tans to juice up the sale. Otherwise, she wouldn't have access to give free tans in the computer.

You should be documenting all poor performance on her file that she should be signing to acknowledge. Demote her when she comes back as not performing to your expectations and put her as a bed cleaner. Schedule her the hours she can't be there....she'll quit.

[Natureboy]

Happened to me. Though I have to assume she has enough access on your Helios to fake these sessions? Or was she just unplugging or using the CCSIV or T-max manager manually?

I still have problems with allowing ANYONE to put anyone in a session for no reason without calling me or leaving a detailed explaination that i can back up.

[Natureboy]

"You should be documenting all poor performance on her file that she should be signing to acknowledge. Demote her when she comes back as not performing to your expectations and put her as a bed cleaner. Schedule her the hours she can't be there....she'll quit."

That is what I was thinking. But she could try to really steal or hurt your business. You may have to just fire her when she gets back for bad performance and pay her severence. Then she can't do much if you pay her out.

[Rob]

deleted

[SSmith]

Straight from BC Labour standards..
The B.C. Employment Standards Act does not take away an employer’s right to terminate an employee with or without cause. The Act requires that employees who are terminated receive compensation based on length of service.

[uv2021]

I don't care about the labour laws.You screw me around I screw you back.That is the law.Possesion is 9 /10 ths of the law and if I am holding the money I have possesion.I have been taken to the labour board before.They take months and then they say you have to pay .And then you take months to pay.So have fun with it.

[Natureboy]

Originally Posted by uv2021

I don't care about the labour laws.You screw me around I screw you back.That is the law.Possesion is 9 /10 ths of the law and if I am holding the money I have possesion.I have been taken to the labour board before.They take months and then they say you have to pay .And then you take months to pay.So have fun with it.

That is a good point. Probably what I would do. But having a bad report in the files with the labour board won't help you out when YOU really need them.

[SSmith]

That is a good point. Probably what I would do. But having a bad report in the files with the labour board won't help you out when YOU really need them.

AGREED
And my time is worth more then what my girls make in one week

[SandiGirl]

BAM!

Originally Posted by SSmith

Straight from BC Labour standards..
The B.C. Employment Standards Act does not take away an employer’s right to terminate an employee with or without cause. The Act requires that employees who are terminated receive compensation based on length of service.

BAM! Plenty of reasons. She probably knew what was coming and played the whole medical leave card.

Are you suppose to give them exactly what they were getting before the leave...hours, wage, position wise???

[SSmith]

Are you suppose to give them exactly what they were getting before the leave...hours, wage, position wise???

yes or comparable or better... Unless when they return you pay them serverence and terminate their employment but you have to wait until they are back and the severance has to be what they were getting before the leave

[SandiGirl]

Poop.