Jail Time Imposed on Employer Not Paying Wages

Matthew S. Langer — Fri, 04 Oct 2019 13:59:56 +0000

An Employee is entitled to receive wages for the time that they have worked. Getting paid on a timely basis the proper amount owing is crucial to the employment relationship. There are instances in which the Courts in Ontario have had to enforce fines and in the most serious cases, jail time, when Employers continually refuse to pay their Employers all that is owed.

Section 132 of the Employment Standards Act states that a person who contravenes the Act is guilty of an offence and on conviction is liable

if an individual to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months or to both.

if the person is a corporation, to a fine of not more than $100,000.

In 2017 the owner of a bankrupt restaurant chain with over 60 employees owed over $600,000 in salary, overtime, vacation pay, termination pay and severance pay. While $457,443 was ordered to be paid to the employees, the full amount was never paid. Ontario Court Justice of the Peace Karen Walker imposed a jail sentence on the owner of 90 days.

Imposing a jail sentence on an Employer who does not pay wages is not common but illustrates the strength of sanctions against an Employer under the Employment Standards Act. If you or someone you know is not receiving their proper wages, they should contact us right away.

This blog is for educational and informational purposes only and does not constitute legal advice. Results of cases described on this website may not be typical and are not guaranteed. The accuracy of the blog posts is not guaranteed. Contacting Langer Law or using this website does not create a lawyer-client relationship.

The post Jail Time Imposed on Employer Not Paying Wages appeared first on Langer Law.

Full and Final Release: Don’t Sign Without Proper Legal Guidance

Matthew S. Langer — Wed, 19 Jun 2019 16:00:05 +0000

If you have recently been terminated by your employer and you were given a termination letter and a release to sign, read the documents carefully. Your employer’s intention is to get you to sign a release that shields them from any legally viable claim.

Don’t be fooled into signing the release. Don’t allow your employer to hold termination pay over your head as an incentive to sign the release. Your employer is statutorily mandated to pay your entitlements under the Employment Standards Act, whether or not you sign the release.

If your employer has included a timeline to sign the release, they will generally allow for an extension. The reason why employers do this is because they ultimately just want you to sign the release. Make sure you bring the termination letter and release to an employment lawyer for a full and proper legal review.

If you sign the release, you are forfeiting your legal rights to initiate a claim for wrongful dismissal or for human rights damages. Before signing away your legal entitlements, contact us so that we can review the termination letter and release and advise you as to your full financial entitlements.

The post Full and Final Release: Don’t Sign Without Proper Legal Guidance appeared first on Langer Law.

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Jail Time Imposed on Employer Not Paying Wages

Full and Final Release: Don’t Sign Without Proper Legal Guidance