How to file a small claims case for employer not paying you?
- Thread starter holysmoke
- Start date
I agree, especially with your third point.And all I have said is what I know the minimum standards to be to keep things as simple and inexpensive for the chap, should he go the SCC route, as possible.
And if you have an AOS, and the defendant moves to invalidate it, the defendant has three problems:
1) the burden is on them to prove the service was not effected;
2) it's pretty hard to argue you are not aware of the lawsuit when you are bringing a motion; and
3) a SCC judge is likely to say...well shit...we're all here now...let's get on with it.
Anyways, I wish you all the best in your claim. At least you will get to spend some entertaining time in SCC which my friends who volunteer as judges there tell me is a lot like the wild west...
No I don't agree with you. You said it was a requirement that you serve the directors (pural) of a corporation. It is not anywhere close to a requirement. And yes, I am sure that the court will correct a misnomer as there is a rule that provides for exactly that.So you do agree with me - the regulation says serving the director is appropriate. I notice the regulation says "appears to be in control or management of the place of business". If you read what I responded to, the poster said it was sufficient to leave it with the SECRETARY or RECEPTIONIST. To the best of my knowledge, those are not people in control of the business.]
Good for you. Perhaps you may want to provide a few details for the benefit of the OP?The Ministry of Labour came through for me and made the bastards pay up. Took a year though.
Ministry of Labour worked for me too. I lodged my complaint by phone, received a file number, followed up by phone periodically until it was finally assigned to a case worker after 12 months, then we continued communicating by phone and email until they resolved it within following 2 months. Received my missing two weeks pay by cheque from my employer the month after that and now he knows better than to pull that stunt again.
Since the OP is only talking about a week or so of missisng pay this is the route to go.
If you have Constructive or Wrongful Dismissal, then go Small Claims Court for the $25K.
Hope for a Settlement for what you are owed, plus expenses and a lil extra for your trouble.
Since the OP is only talking about a week or so of missisng pay this is the route to go.
If you have Constructive or Wrongful Dismissal, then go Small Claims Court for the $25K.
Hope for a Settlement for what you are owed, plus expenses and a lil extra for your trouble.
First I would give my exboss notice that if I didn't receive my missing pay in a week I was going to go to the MoL.
Then, without a doubt I would start with MoL. They do all the work for you. You can go to small claims court and - as has been said - even if you win, YOU still have to try and collect.
Besides, your tax dollars are used to support the MoL, may as well get some return on your investment. <grin>
Then, without a doubt I would start with MoL. They do all the work for you. You can go to small claims court and - as has been said - even if you win, YOU still have to try and collect.
Besides, your tax dollars are used to support the MoL, may as well get some return on your investment. <grin>
Small claims court will take at least as long and be more expensive and annoying. Like I said it will take about a year, but to use it to threaten them...The Ministry of Labour came through for me and made the bastards pay up. Took a year though.
thanks you guys for your advice, im going after this jackass boss. hes stiff employees with bounced checks once a month and all the good smart employees either left or he let go because he cant pay and yet he still finds a way to drive a german sports car BMW, porsche and mercedes and yet he cant pay his secretary 500 bucks every 2 weeks. sad...
thanks again particulary rubmeister 100 and moraff.
thanks again particulary rubmeister 100 and moraff.
I went after a company in small claims and it took 5 years before I saw a penny. I had to go to court a half a dozen times or more to file the paper work. It was annoying.
If this company owes you under $10K, then go through the Ministry. If they owe you over $10K then you will need to go through the courts as I believe $10K is the limit that the Ministry can get (or so i heard).
Cheers.
If this company owes you under $10K, then go through the Ministry. If they owe you over $10K then you will need to go through the courts as I believe $10K is the limit that the Ministry can get (or so i heard).
Cheers.
