Vacation Pay

[MrMessi]

If a business closed down, can a employee legally come after you to claim Vacation pay?

This is not for me but for someone close to me, his employee quit on his own and than came back after six months asking for it but he closed down the same month.

 

[thumper18474]

If a business closed down, can a employee legally come after you to claim Vacation pay?

This is not for me but for someone close to me, his employee quit on his own and than came back after six months asking for it but he closed down the same month.

If the employee earned it
he is entitled to it
The employer should have paid it out with the employees last pay

 

[shack]

AFAIK, if he worked the hours he gets the 4%. The employer should have given to him with his last pay whether he quit and/or didn't request it. It is mandatory.

 

[MrMessi]

If the employee earned it
he is entitled to it
The employer should have paid it out with the employees last pay

That's exactly what I told him but I thought I would ask here if anyone knows if his ex-employee can come after him legally. He was prick and he didn't deserve it apparently but that's not my call too make.

Keeping in mind the business no longer exists.

 

[one.of.a.kind]

If a business closed down, can a employee legally come after you to claim Vacation pay?

This is not for me but for someone close to me, his employee quit on his own and than came back after six months asking for it but he closed down the same month.

Yes. It makes no difference that he closed the business.

 

[thumper18474]

That's exactly what I told him but I thought I would ask here if anyone knows if his ex-employee can come after him legally. He was prick and he didn't deserve it apparently but that's not my call too make.

Keeping in mind the business no longer exists.

Um regardless of him being a ..PRICK!...he is entitled under LAW to receive 4% VP...and if the employer didnt give it to him...then yeah..he could have a case...t
the Employee could really fuck this guy up ....depending on how far he wants to take it

 

[GPIDEAL]

Basically, you're owed 4%, unless your salary or wage already includes vacation pay.

http://www.labour.gov.on.ca/english/es/pubs/guide/vacation.php

If an employer defaults on the payment of wages or vacation pay, there are ways to make a claim, depending on whether you are unionized or not.

http://www.labour.gov.on.ca/english/es/pubs/bankruptcy.php

There's also the Wage Earner Protection Program that pays up to $3,500 in unpaid wages and/or vacation pay. It is a Federal Program. You have a time limit to make a claim.

http://www.labour.gov.on.ca/english/es/pubs/wepp.php

 

[nobody123]

Yes. It makes no difference that he closed the business.

Wouldn't buddy be off the hook if it was a now-defunct limited liability company or somesuch?

 

[one.of.a.kind]

Wouldn't buddy be off the hook if it was a now-defunct limited liability company or somesuch?

Nope. The officers of a limited company are responsible for employee wages even if the company goes bankrupt.

 

[nobody123]

Nope. The officers of a limited company are responsible for employee wages even if the company goes bankrupt.

No shit? Good! Shame that doesn't work for the officers of a publicly traded company too.

 

[Keebler Elf]

I think I read recently that the government has changed the regulations to the Employment Standards Act to allow employees to come back after employers for a longer period of time than before. I think it used to be 1 year and now it's 2? Something like that. Google it.

If the employer declared bankruptcy, there may be no money to come after.

Douchebag move for an employer to not be paying vacation pay... (and people wonder why we still have unions!)

 

[Corvetteman]

The employee now has two years to claim against the business owner.

If the business is now defunct, the employee may take civil action against the owner. Company officers are personally responsible for this debt, even if it is a limited liability company.

 

[K Douglas]

Nope. The officers of a limited company are responsible for employee wages even if the company goes bankrupt.

It's important to distinguish between directors and officers - it is the directors that are ultimately responsible for certain liabilities.

 

[red]

No shit? Good! Shame that doesn't work for the officers of a publicly traded company too.

It's does- the officers and directors are personally responsible

 

[TeeJay]

If a business closed down, can a employee legally come after you to claim Vacation pay?

This is not for me but for someone close to me, his employee quit on his own and than came back after six months asking for it but he closed down the same month.

Employee quit, then came back 6 months later claiming he was owed vacation pay?

Normally they are entitled to vacation pay but could be all kinds of reasons they would not qualify

Under LAW you must work the day before and day after the holiday (or next scheduled shift if part time)
So if holiday was monday & he quit friday (noshow on Tuesday) too bad so sad he gets nothing

Employer could also have lumped in the vacation pay against notice period if required by his job (eg I have seen contracts where 4 weeks of notice is required, which means he technically gets vacation pay but it is then reduced due to short notice)

Also it depends on jurisdiction of company (Bell is a great example here; head office is in Mississauga ON, BUT they are a FEDERAL corporation not an ON corporation. Therefore all employees are expected to work during provincial holidays (such as family day) without any vacation or compensation)

List goes on and on for possible things to look for
We need alot more info to say for sure he was entitled to vacation pay

 

[fuji]

The employee can go to the Ministry of Labour and file a complaint. It will cost the employee nothing, the ministry will verify that the wages are owed, and then chase the directors on behalf of the employee.

 

[Coors]

Employee quit, then came back 6 months later claiming he was owed vacation pay?

Normally they are entitled to vacation pay but could be all kinds of reasons they would not qualify

Under LAW you must work the day before and day after the holiday (or next scheduled shift if part time)
So if holiday was monday & he quit friday (noshow on Tuesday) too bad so sad he gets nothing

Employer could also have lumped in the vacation pay against notice period if required by his job (eg I have seen contracts where 4 weeks of notice is required, which means he technically gets vacation pay but it is then reduced due to short notice)

Also it depends on jurisdiction of company (Bell is a great example here; head office is in Mississauga ON, BUT they are a FEDERAL corporation not an ON corporation. Therefore all employees are expected to work during provincial holidays (such as family day) without any vacation or compensation)

List goes on and on for possible things to look for
We need alot more info to say for sure he was entitled to vacation pay

I think you may be confusing Statutory holiday entitlement with vacation pay.

 

[GPIDEAL]

It's does- the officers and directors are personally responsible

This 2000 article explains for a company in Ontario, directors, not officers, may be personally liable for 6 months wages and 12 months vacation pay, subject to filing of claims (see footnotes for condition precedents).

http://www.brookslaw.ca/D&O-Liability.pdf

 

[DanJ]

I think you may be confusing Statutory holiday entitlement with vacation pay.

Definitely is.

 

[Anynym]

As hinted at above, the first question is what rules apply: was the company registered federally or provincially, and subject to federal or provincial labour law?

The next question would be whether the employee already received their benefits: either taken as vacation, or paid out. This could be complicated by the nature of the termination of employment. Did the employee receive an ROE? The vacation pay may be accounted for on it.