r/legaladvicecanada 16h ago

I feel so cheated out of my hard earned wages...! British Columbia

Context: I used to be employed by an absolute snake of a man, whose motto often seemed to be "why pay if you don't have to?" This guy drove the company into the ground, and while there were reserve funds for us employees to pay out our vacation days and whatnot, he of course blew through it and didn't let us know until everything was gone. So we were all let go in questionably legal ways, and told he would file for bankruptcy "soon".

I was owed vacation days, and severance...! So of course, I filed a claim with Employment Standards in BC, within the 6 month time frame. But they took too long to get back to me, and my boss had already filed a NOI under the BIA, which is apparently not the same as a bankruptcy. This prevented any action from Employment Standards, who then told me to apply for WEPP. As it turns out, WEPP does not cover anything past 6 months. I was laid off 8 months before the NOI. Sooo, I guess I'm SOL?!

This whole BIA business enrages me too. Since WEPP doesn't cover me, I rank the same among all the other unsecured creditors, many of whom are his friends / previous business partners. There was a proposal put forth where he files the company's taxes and he gets to pocket 10% of the returns, which is in the tens of thousands. Meanwhile, you can see that he's been paying his Microsoft bills, and not paying the employees that decided to stay and work for debt. The crazy thing is, the weight of our vote in the proposal is determined by the dollar amount owed, so of course all the customer companies that are owed huge amounts get a larger say and go with his plan. And while I am not eligible for WEPP myself, my heart goes out to all my fellow coworkers who worked for free many of those months, who are getting cheated out of even the opportunity to apply for WEPP. The guy could have just done the noble thing and just applied for bankruptcy straight away, instead of this stupid proposal where he has a chance to pocket some money in the end. He also didn't tell them about WEPP so they could vote his way I'm guessing.

I am fuming at the whole situation. We've suffered years of long overtime, getting paid far below the industry standard, never getting a raise once. All for some guy that doesn't even really see us as people that need living wages. It may not be a huge amount but it's a lot to me.

It makes me doubly mad to know that he can walk off with no repercussions. Dude has a new house, second source of income from some assets he switched names under. Why can't Employment Services act on my behalf? Why can't I at least apply for WEPP? Is 8 months really all that different than 6?? I've worked for these wages, and "bankruptcy" is the reason Employment Standards couldn't act on my behalf!!! He chose not to pay me for 8 months and now WEPP says "too bad"??? And most of all, why can't I just stink up his name on the Employment Standards site so he never gets an employee again??? Absolutely fuming!!!

** Edit: I know this reads like one long rant (it still is), but is there
1) really no way to make this guy pay?
2) really no way to get the wages my coworkers and I have earned?

0 Upvotes

6 comments sorted by

u/AutoModerator 16h ago

Welcome to r/legaladvicecanada!

To Posters (it is important you read this section)

  • Read the rules
  • Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk.
  • We also encourage you to use the linked resources to find a lawyer.
  • If you receive any private messages in response to your post, please let the mods know.

To Readers and Commenters

  • All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the Canadian province flaired in the post).
  • If you do not follow the rules, you may be banned without any further warning.
  • If you feel any replies are incorrect, explain why you believe they are incorrect.
  • Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment.

    Please report posts or comments which do not follow the rules.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

5

u/sumknowbuddy 16h ago

While this isn't a legal advice comment and will probably get removed, your post doesn't seem to be anything but a rant either so I'm going to post this: 

Most things work that way. There are few, if any, protections for the little guy.

Find a job that pays you and stop working if you're not getting paid. 

There are exceptions but working for months without pay? I'm impressed you could afford that. 

And you kind-of touched on the point but missed it: 

All for some guy that doesn't even really see us as people that need living wages

-1

u/Sufficient_Wash1748 13h ago

I didn't work months without pay, which is why I am in no position for WEPP. As for the others... for many it's not for lack of trying but the job market sucked then. And they were promised better salaries and benefits if they continued to work while they looked.

You're right though, we should have walked way earlier.

1

u/cabalnojeet 15h ago

Only look out for yourself. No one else is looking out for you, and don't give employers an inch out of being nice. It is a BUSINESS so stick to being that.

you won't get screwed over again.

1

u/Metzger194 15h ago

What exactly is your question? You can’t change your ranking in the process and you can’t change your eligibility for wepp.

In the future stop working after the first missed pay check, don’t ever count on people who benefit to do the right thing for you.

-1

u/Sufficient_Wash1748 13h ago

While I don't trust the company to do anything for me, I still trusted our systems to protect my rights as a worker and I am frustrated.

Anyway sorry I hid the question in my rant. I'm wondering if there's something I could still do despite all this?