Abusive Contractor! | FerrariChat

Abusive Contractor!

Discussion in 'Canada' started by mksu19, May 10, 2008.

This site may earn a commission from merchant affiliate links, including eBay, Amazon, Skimlinks, and others.

  1. mksu19

    mksu19 Formula 3

    Jan 4, 2008
    1,864
    LAX / YVR / MNL
    Full Name:
    Capt. K. Banzon
    My nephew just quit his job (as a sub-contractor) for a large construction firm in Downtown, Vancouver. He basically gave it up due to serious discrimination and verbal abuse that he and many of his co-workers were experiencing. Anyways, he is supposed to have gotten his last paycheck last friday (02 May '08) but he was told that the office wont be able to process his paycheck until the 13th of June 2008! I called them up for my nephew and got them to promise that they'll give him his check on the 9th of May 2008. My nephew called me yesterday to tell me that the secretary was out and that they were gonna give him his paycheck the following morning (Saturday, 10 May 2008). I told him to just bite it and wait till saturday to pick up his pay. Well, he went to the site as instructed only to be told that they wont be able to cut him his cheque that day and to come back on monday at 4pm. They said "maybe" then they'd be able to cut him his cheque. My nephew just moved to Vancouver from LA, he doesn't have the financial means to play the "DICKING GAME" with these jerkoffs! What can he do and what are his rights? The kid is heartbroken as he was looking forward to getting paid today so that he could take his Mom out to a nice lunch tomorrow. Now he's devastated. Please advice! Thanks a bunch guys!
     
  2. Shemmer

    Shemmer Formula Junior

    Jul 8, 2007
    623
    Toronto
    Full Name:
    Rob
    Well, in my opinion there's only one thing you can do in this situation, ask youself what would Tony Soprano do? You should now have a very clear picture of your next move. Guys like this don't operate as most "normal" individuals do so fight fire with fire!! Drop a little package at his door or through his window if the door's closed.
    IMO.
     
  3. starboy444

    starboy444 F1 Veteran

    Oct 7, 2006
    7,265
    Toronto, Canada
    Full Name:
    Lucas
    Even Better:::


    http://youtube.com/watch?v=YV5F1Dhe2rE&feature=related


    This is a MUST watch.....LOLL
     
  4. Jay GT4

    Jay GT4 F1 Rookie

    Oct 16, 2001
    4,995
    La mamma dei fessi
    Full Name:
    e sempre incinta
    They are hoping he will just go away. This is standard practice in this field. Take notes and record everyone he talked to and what was said. Did he invoice them for the work or was he paid as an employee? If he invoiced them he can put a lien on any property he was working on. It's quite easy to do (I've never had to but others I work with have). Not sure if the law is the same in BC. If a lien is imposed the owner of the property will not be able to sell it until the lien is cleared.
     
  5. 12097

    12097 Formula Junior

    Apr 4, 2007
    685
    Regina, Canada
    Forget about a lien. If your nephew is an independent contractor working on tangible assets...

    Put a prejudgement garnishee on them.
    The judge can freeze their corporate bank account, and ensure the money is paid into the courts.
    Of course, you then have to sue the company, to recover the funds but, it really reeks havoc on the company.
    (Their account remains frozen until the monies are withdrawn meaning any other cheques, such as bill payments or even payroll cheques written to other employees can not be honored while the account is frozen.)

    If your nephew is deemed to be an employee, he can go to Labour Standards Board,(or the local equal), swear out a complaint, and the board will act on his behalf to get wages owed. They also have the power to garnishee the employers bank account.
     
  6. Samimi

    Samimi Formula 3

    Oct 17, 2005
    1,699
    North of the 49th
    Full Name:
    S.
    Would the lien still work, for instance if the business has been invoiced for a product they bought ($260 value), yet they haven't made payment? How would the situation be? Would filing a small claims court be the best solution?
     
  7. Jay GT4

    Jay GT4 F1 Rookie

    Oct 16, 2001
    4,995
    La mamma dei fessi
    Full Name:
    e sempre incinta
    Never even heard of that! Would you need a lawyer to do that or can you walk into a courthouse and do it?

    Samimi, I don't know.
     
  8. mouser57

    mouser57 Formula Junior

    Jan 26, 2008
    853
    Alberta
    1. Call the Vancouver Sun newpaper and offer a story and interview to publicly humiliate the company and owner. Publicity is better than a lawyer.
    2. Call workmans compensation and cite and illegal or dangerous actions observed by the company
    3. Call the BBB and file a complaint about shady business practices.

    Option 4 Don't pick up the paycheck and put in a complaint with Revenue Canada, they will be audited on their business activities
     
  9. mouser57

    mouser57 Formula Junior

    Jan 26, 2008
    853
    Alberta
    If times a thin for him, an offer from a secret angel through money mart will get him set for mothers day
     
  10. mksu19

    mksu19 Formula 3

    Jan 4, 2008
    1,864
    LAX / YVR / MNL
    Full Name:
    Capt. K. Banzon
    Great advise guys, thanks! My nephew has a lawyer (his immigration lawyer) who offered to help, the only thing is that he's always too busy to contact. BUT, my nephew is afraid to act on it legally as he is a "refugee claimant". He says his rights are sorta limited at the moment (which I thought was BS!) and that the contractor was taking advantage of my nephew's current immigration status.
     
  11. mksu19

    mksu19 Formula 3

    Jan 4, 2008
    1,864
    LAX / YVR / MNL
    Full Name:
    Capt. K. Banzon
    An angel bought them a daytrip into Victoria Island complete with lunch and dinner for the whole family! Then the angel came home and made me dinner! ;) I LOVE MY WIFE!!!
     
  12. mouser57

    mouser57 Formula Junior

    Jan 26, 2008
    853
    Alberta
    Kudo's keep her, your turn tomorrow to cook for her or let her drive your Ferrari for the afternoon and you sit white knuckled in the passenger seat
     
  13. 12097

    12097 Formula Junior

    Apr 4, 2007
    685
    Regina, Canada

    I have done it in the past with a contractor/building owner who refused to pay his bill in full after the work was accepted as complete. His response to me was " if you don't like what I sent you, lien the property", which meant to me at least, that the property was paid for (no liens to pop up at refinance time) and that it would be a long time till the property was sold and I would actually receive my money.

    It was an effective tool. I didn't know you could actually string together a sentence that had nothing but expletives in it.(LOL)

    Yes I did use a lawyer, it wasn't cheap but sometimes when someone tries to pull this kind of stuff, you have to make a point.

    Ken, is there a labour relations board in your province? If so, they may be able to accomplish the same goal.
     
  14. mksu19

    mksu19 Formula 3

    Jan 4, 2008
    1,864
    LAX / YVR / MNL
    Full Name:
    Capt. K. Banzon
    Ill find out first thing monday, Im set to meet with my nephew's lawyer anyways. He called me and just a while ago to tell me that he himself had gotten the cold shoulder treatment and that he was "promised" the paycheck on monday at 4pm. I guess we'll see if they'll make good on the promise first before we could go at it full blast!
     
  15. mksu19

    mksu19 Formula 3

    Jan 4, 2008
    1,864
    LAX / YVR / MNL
    Full Name:
    Capt. K. Banzon
    Well I cook for my family everyday anyways, one of my passions. I love the wifey with all my heart but she cannot cook for shiite! Even she wont eat her own cooking!!! :D
     
  16. gerritv

    gerritv Formula 3

    Jun 18, 2001
    1,400
    St Catharines
    Full Name:
    Gerrit
    As others have suggested, go to Labour Standards Board or BC equivalent. Assuming he has the right to work there they will act on his behalf. And it won't cost him $ to do so.

    I didn't realize you could be a refugee from the US, is it that bad down there?
     
  17. CDN_Wolf_eh

    CDN_Wolf_eh Formula Junior

    Jul 23, 2006
    269
    Mississauga, Canada
    Full Name:
    Mark
    BC Employment Standards ...

    "Back-pay must be paid within 48 hours of dismissal or, if it is the employee that quits, within 6 days."
     
  18. mksu19

    mksu19 Formula 3

    Jan 4, 2008
    1,864
    LAX / YVR / MNL
    Full Name:
    Capt. K. Banzon
    You'd be surprised how many G.I.Joes are here seeking asylum now!
     
  19. mksu19

    mksu19 Formula 3

    Jan 4, 2008
    1,864
    LAX / YVR / MNL
    Full Name:
    Capt. K. Banzon
    Ill look into that and discuss it with my nephew's lawyer, thanks man! ;)
     
  20. Shemmer

    Shemmer Formula Junior

    Jul 8, 2007
    623
    Toronto
    Full Name:
    Rob
  21. mksu19

    mksu19 Formula 3

    Jan 4, 2008
    1,864
    LAX / YVR / MNL
    Full Name:
    Capt. K. Banzon
    Spoke with the folks from the Employment Standards and they said that they wont be able to help my nephew since he hasn't filed for a claim "officially". WTF!? All my nephew needs is for someone of authority to give the employer a call and demand that they release my nephew's cheque for Pete's sake! Its been more than 2 weeks since he quit that job and now he has another job that he's supposed to start tomorrow but he has zero cash in his bank to buy new his new uniform, food, etc. and no gas in his tank! What the f*ck is he supposed to do!? Pisses me off!!! :mad:
     
  22. mksu19

    mksu19 Formula 3

    Jan 4, 2008
    1,864
    LAX / YVR / MNL
    Full Name:
    Capt. K. Banzon
    Well my nephew finally spoke to the "head" of the contracting firm and after 20mins of verbal abuse (in front of the whole crew), the freakin contractor decided to "dock" my nephew's pay and decided to give him "$8 per hour" for the time he worked there! Can you believe this f*cking assh*le!?! :mad: My nephew's lawyer called prior to him picking up his cheque (for $18 per hour @ 42hrs) and I guess that ticked the contractor off. My nephew got a lousy $280 for 4days hard labour! If anyone here can give a valid advice for my nephew I will be in debted to that person greatly! Oh, and to make it a little more interesting, my nephew was called an Idiot, a monkey, a "f*cking no good hand-fed immigrant" and a bunch of other names in front of his ex co-workers. The contractor even said that one of the metal shores that my nephew helped put up fell on someone about a week ago (one week after my nephew quits!) and that the company will be suing my nephew for damages! :mad: Anyone know someone from the media or something!? I'd love to hurt this guy where it'll hurt him the most, his so called IMAGE to the concrete forming community!!!
     
  23. mouser57

    mouser57 Formula Junior

    Jan 26, 2008
    853
    Alberta
    Call up any newspaper and give them the low down or even the television station
     
  24. 12097

    12097 Formula Junior

    Apr 4, 2007
    685
    Regina, Canada
    You have a PM.
     

Share This Page