Saturday, March 21, 2009

My ongoing journey through Alberta Labour Law

Last summer, and similar to many before it, I did landscape construction while in Edmonton. In many ways, it's an ideal job for a student: I wanted to focus on my studies during the school year and therefore needed to make pretty good money during the break. And what started as a summer job in 2004 eventually became a viable career option. Or so I thought.

In May of 2007, my employer contacted me and offered me a permanent full-time position that would be available at the end of the year. I spent a lot of time thinking about my options. Sure I liked teaching, but I was a little deflated after a less-than-stellar student teaching practicum a month before. I had also really come to enjoy the work. There's an immense satisfaction that I got from being involved with some of these projects. It was rewarding to see the changes from empty lot to something quite the opposite. After a few weeks, I informed my employer that I was interested in the position.

Skip ahead to the end of 2007. I was finishing my second practicum and my days as a student were quickly coming to an end. My boss was trying to contact me to figure out the plan and I swung by the office one day. He told me that money was a bit sparse, which was understandable as it was the winter (not the most ideal time to landscape). It was explained to me that he would be unable to pay me my full salary but that once the spring had arrived my pay would be pro-rated and I would get all my money. I'd worked for the man for three summers and figured that shouldn't be a problem. When asked about a contract, I was told that he'd put it together in good time and run it by his legal counsel.

Jump to May 2008. I was working between 70 and 80 hours a week, hardly saw my wife and kids, and had become very disenchanted with the job in general. When I told my boss that I needed to leave, he understood my reasons and I figured we were on the same page. When I brought up the unresolved pay which was then about $10,000 dollars, his demeanor changed entirely. He told me that he would pay significantly less that I was asking for because he "felt he was being robbed." Needless to say, I was pretty crushed.

While I was sending out teaching applications, I worked at another landscaping job to pay the bills. My former employer frequently contacted my new boss to check up on me and see what I was up to. We were accused of trying to poach some of my former co-workers, and I distinctly remember being on site at my new job and seeing my old boss drive by for no apparent reason. I was also threatened with a lawsuit for breach of contact, although my old boss had never quite gotten around to finalizing said document.

I filed a complaint with Alberta Employment Standards back in June with the hopes that I would be able to get what I worked for. That initially being denied due to lack of evidence, I am currently awaiting the outcome of an appeal which went through this past December. Conversations with Alberta Employment's officers have revealed that they lack the capacity to do too much digging and can only work with that documentation provided by employers and employees. Should the appeal fail to turn up anything concrete, I'll take him to court and see if we can't resolve the matter there.

Why I wrote this little history in a blog posting is primarily to be a bit therapeutic. Every now and then I have occasion to come across something directly involved with my former employer, even here in Slave Lake. Every time I look at credit card bills and student loan balances I'm reminded of how much more I could have done with the money I worked for. All these reasons make me really appreciate my current position as a teacher. Sure there are frustrations and challenges, as is the case with any job. But aside from the immense value I place in education and the merits of the profession in my life and in the lives of my students, my employer treats me with respect.

Right it isn't even so much about the money. It's about letting the guy know that you can't keep screwing with people as a way to get ahead.

3 comments:

Anonymous said...

Some years ago, I did taxes for a couple whose son had had a similar experience. In that case, the young man had been told he was an employee, and that 25% - 30% of his pay was being withheld for CPP, EI, and taxes, but that there would be no formal reckoning until the end of the job. End of job came: no formal reckoning, no ROE. The lad was advised he had been a sub-contractor and would be getting nothing more. Asked what to do, I told the parents I would find out. I checked with a friend in the rotweiller division of Rev Can, and he referred me to the pit bulls at E I. Next year, I heard the family had indeed gone to E I, and the cheating contractor was really being nailed. You might try that approach.

Jason said...

Thanks for the input. Just might have to give it a go.

Emily said...

I can agree with you on the teachers getting more respect. Or at least that's been my experience. While the teaching profession undoubtedly has problems, most employers and fellow employees treat each other in a more professional manner. I'm happy for you that you're in the teaching world, but sad that you live so far!