What recourse can I take when a employer isn't paying me what she owes me for working for her?

Question

I worked 2-1/2 weeks for her, kept track of my hours. She paid me a little bit here and there, but not enough. I sent her my hours and told her I can't keep working until I find out how much you are going to pay me. This was when 2 weeks was up, when I had sent her a copy of my hours. Then when I went in the next day, she proceeded to tell me she pay per project and gave a list with some things on it to do and with a ridiculous amount of time I was suppose to complete them in. (Tell me this after working 2 full time weeks with some OT!) I knew then she was going to try to cheat me. Sent her another email telling her I can't keep working for free, I need to know? I got not response to I haven't been back. Sent another email with time extented out with minimum wage (Big Deal) and she tell me to send her a list of the things that I complete. I was reading at the Labor Board site, she has to pay at least minimum wage and if pay not received withing 72 hours she has to pay more.

Answer 1

The terms and conditions of employment, including how much you are to be paid and when, should be worked out (preferably in writing) prior you ever accepting the job. It doesn't sound like this happened.

What it sounds like is she told you when you asked to be paid that you misunderstood and are not an hourly employee, that you are either a commissioned employee or an independent contractor. An employer does not have to pay you minimum wage if you are a working on commission (many sales jobs are commission only, you earn a percentage and you usually receive a percentage of whatever you sold) or a independent contractor, meaning you don't actually work for the company, they give you the criteria to be met be paid for that particular job and you have to meet that criteria in order to be paid.).

Unless you have a something in writing from the employer indicating that you were hired to be an hourly employee, it will be difficult to impossible for the Labor Board to assist you with a claim (but you could try) and likely your only recourse would be Small Claims Court. Not having anything in writing as to your employee status with the company could work in your favor in that case because the employer should have stipulated it in writing and had you sign a copy of the Offer for employment to cover themselves.

Answer 2

You have pretty much answered your own question...call the labor board and talk to a rep...they will know how to guide you through this...I wish you the best of luck against this unscrupulous business person

Answer 3

Vote John Howard out at the next election. It's the only way to stop this happening to you again. Contact a Union to see if you can get your money.