contract work and not being paid

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for a free 30 minute consultation. They won't do any legal work i.e. writing letters, etc. however you need to understand where this fits before you can select an action. It all comes down to what is in the contract. Rules have changed over time, only a lawyer familiar with case law in the subject can suggest whether this is worth taking forward or not.

Usually a face to face is the best bet with the organization, but come with a strong hand if you do. Once you go down the legal road, damages have a very deliberate meaning and as you will soon find out 'wasted time' is not one of them. This should help you gauge whether it is worth pursuing or not.
 
maybe, I never signed a contract and I worked ~40-50 hours week.
finally got a text and was told I would get the cheque in mail by thursday....well guess what?
What a schmuck this guy is. I hate this shiit.
 
File a claim with the labour board. My friend just went through this. Was owed $5000 as a contract worker.

MOL going after the company.
 
boyoboy said:
maybe, I never signed a contract and I worked ~40-50 hours week.
finally got a text and was told I would get the cheque in mail by thursday....well guess what?
What a schmuck this guy is. I hate this shiit.
Click to expand...

without a contact you have no chance of relief with civil law - small claims
contracts are their world

you were an employee, MOL will be interested in this
particularly the safety element and a work refusal
then withholding of wages, this IS worth your time
 
Hold on to that text.
Screenshot it and save it.

Sent from my purple G4 using Tapatalk
 
^ This. If that conversation happened by text message or email make absolutely sure that you save it.

You may have been a de-facto employee without a contract, but an employee nevertheless.

For a company to take retribution against a safety-related work refusal is baaad, baaaad, baaaaaaad.
 
Brian P said:
^ This. If that conversation happened by text message or email make absolutely sure that you save it.

You may have been a de-facto employee without a contract, but an employee nevertheless.

For a company to take retribution against a safety-related work refusal is baaad, baaaad, baaaaaaad.
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Send copy to MOT as well???
 
Go to small claims court and file. They might pay up, if not most won't bother to file a defense so you can get a default judgment without going to court.

It's a pain, but sometimes the only option.

If the debt is less than 2 years old, just sell it to a collection agency and move on. You might get 1/2.
 
This sounds like a much bigger issue could be unfolding - If you are driving their truck, you are very much an employee. I'm very well versed in this stuff (Been through court with WSIB, MOL, REV CAN). Technically speaking, this could be easily winnable if you simply contact a labor lawyer to seek wages and severance, but do keep in mind that it only covers you with the Employment standards act. If Revenue Canada wanted to dig in, it would be very bad for your employer, but you could have an issue with anything you have been deducting as expenses. Food for thought.
 
greaserman said:
Was there a real contract or was it under the table work? There's a big difference

Sent from my SM-G930W8 using Tapatalk
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If the company was going to send a cheque there is some form of contract implied. If it was coin of the realm it gets fuzzy without a witness.

BTW I'm looking at a similar situation of doing some side work and also look at the liabilities in the event of something going wrong. If you're a sub contractor you could be facing a day in court, paying your own legal fees and share of the judgement.
 
bitzz said:
This question comes up a lot at RevCan.
Here is a document outlining the differences of employee vs self employed.
https://www.canada.ca/en/revenue-ag...ns/rc4110/employee-self-employed.html#control

You were an employee. Full stop.
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Good post.

When my BIL had a fast food place with delivery he claimed that he worked for the driver. The driver didn't work for him. I can't recall the BS but it was along the lines that the driver made a profit from the transaction and was somehow therefore self employed.

He might have gotten a discount on the pizza and profited on the markup.
 
I got the check !
thx all for your replies.
perseverance with polite messages paid off.
seems his stalling was just a penalty for me quitting.
happy to be done with him...
 
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