BigDaddyJinx
New Member
Hello. Just FYI, this post is coming from Canada, not the US.
So first allow me to preface the post by giving some background. I was let go/laid off by my employer late January after 3+ years of service. This wasn't a personal thing, the whole center is closing its doors so we're all getting let go, just at different times.
I complained to my local Employment Standards office over a matter of the company not paying me for unused vacation time. I tried self mediation by sending them a "Please pay me in 10 days or else" letter, as suggested by ES. The company did everything except point and laugh. So then I went the route of a formal complaint.
Now here's the issue. The case worker I had been assigned, contacted me about my complaint and told me that she had "interpreted" the complaint in a way that I should not receive any additional pay other than what I had been paid for with severance already. So before I post the actual snippet of code in question, here are some facts:
- been with the company since 2004
- take my holidays each year with approval by their scheduling department
- we are entitled to 3 weeks (15 days) of paid holidays each calendar year (this was a decision by the company as only 2 weeks are actually 'required' by law until year 5)
- annual entitlement is effective January 1st of the year
- I took 1 day of my vacation time January 4th
- I was released January 31st
Now here is the applicable snippet of code taken from the actual regulation that is available through the Queen's Printer (in Canada):
"Vacation pay on termination of employment
42(1) If employment terminates before an employee becomes entitled to a first annual vacation, the employer must pay the employee 4% of the employee's wages earned during the employment.
(2) If employment terminates after an employee becomes entitled to annual vacation, the employer must pay the employee vacation pay of an amount equal to the vacation pay to which the employee would have been entitled in that year of employment if the employee had remained employed by the employer and
(a) for an employee who is entitled to 2 weeks' vacation, at least 4% of the employee's wages for the period from the date the employee last became entitled to an annual vacation to the date employment terminates, or
(b) for an employee who is entitled to 3 weeks' vacation, at least 6% of the employee's wages for the period from the date the employee last became entitled to an annual vacation to the date employment terminates."
I bolded the parts that are directly applicable to my situation. So this case worker that was assigned to me is trying to tell me that I am owed only what I had "accrued", which would roughly amount to 1.25 days. Clearly, there is NO mention of accrual anywhere in that piece of code. Then she says that she "interprets" the entire code to mean "up to the point of termination", though again, clearly, there is NO mention of that anywhere aside from the 6%...not even inferred or suggested, nor implied.
According to that legislation, I am still owed 14 more days of pay, plus 6% of earnings up to January 31st. Just because the company chose/elected to release me before the end of the calendar year, this is sadly not my concern, nor is it my problem. So after reading that code, how can anyone above a grade 5 comprehension "interpret" it to reflect what she is telling me? She told me that she will have to speak with her "policy people" about it and get back to me.
What has me irked is that the code itself is written pretty clearly. I became entitled to the holidays on January 1st of this year, and took one day before being released January 31st, which is AFTER becoming entitled. Had I remained employed by the company IN THAT YEAR, 14 more days would be coming to me.
So who is right in this case? Am I reading it clearly, or is her "interpretation" valid? I'm not letting this go because I can grasp the English language just fine, and I can see what the code says quite clearly...but having a professional validate it would be appreciated.
Thx.
Alberta Employment Standards Code:
http://www.qp.gov.ab.ca/documents/acts/E09.cfm
So first allow me to preface the post by giving some background. I was let go/laid off by my employer late January after 3+ years of service. This wasn't a personal thing, the whole center is closing its doors so we're all getting let go, just at different times.
I complained to my local Employment Standards office over a matter of the company not paying me for unused vacation time. I tried self mediation by sending them a "Please pay me in 10 days or else" letter, as suggested by ES. The company did everything except point and laugh. So then I went the route of a formal complaint.
Now here's the issue. The case worker I had been assigned, contacted me about my complaint and told me that she had "interpreted" the complaint in a way that I should not receive any additional pay other than what I had been paid for with severance already. So before I post the actual snippet of code in question, here are some facts:
- been with the company since 2004
- take my holidays each year with approval by their scheduling department
- we are entitled to 3 weeks (15 days) of paid holidays each calendar year (this was a decision by the company as only 2 weeks are actually 'required' by law until year 5)
- annual entitlement is effective January 1st of the year
- I took 1 day of my vacation time January 4th
- I was released January 31st
Now here is the applicable snippet of code taken from the actual regulation that is available through the Queen's Printer (in Canada):
"Vacation pay on termination of employment
42(1) If employment terminates before an employee becomes entitled to a first annual vacation, the employer must pay the employee 4% of the employee's wages earned during the employment.
(2) If employment terminates after an employee becomes entitled to annual vacation, the employer must pay the employee vacation pay of an amount equal to the vacation pay to which the employee would have been entitled in that year of employment if the employee had remained employed by the employer and
(a) for an employee who is entitled to 2 weeks' vacation, at least 4% of the employee's wages for the period from the date the employee last became entitled to an annual vacation to the date employment terminates, or
(b) for an employee who is entitled to 3 weeks' vacation, at least 6% of the employee's wages for the period from the date the employee last became entitled to an annual vacation to the date employment terminates."
I bolded the parts that are directly applicable to my situation. So this case worker that was assigned to me is trying to tell me that I am owed only what I had "accrued", which would roughly amount to 1.25 days. Clearly, there is NO mention of accrual anywhere in that piece of code. Then she says that she "interprets" the entire code to mean "up to the point of termination", though again, clearly, there is NO mention of that anywhere aside from the 6%...not even inferred or suggested, nor implied.
According to that legislation, I am still owed 14 more days of pay, plus 6% of earnings up to January 31st. Just because the company chose/elected to release me before the end of the calendar year, this is sadly not my concern, nor is it my problem. So after reading that code, how can anyone above a grade 5 comprehension "interpret" it to reflect what she is telling me? She told me that she will have to speak with her "policy people" about it and get back to me.
What has me irked is that the code itself is written pretty clearly. I became entitled to the holidays on January 1st of this year, and took one day before being released January 31st, which is AFTER becoming entitled. Had I remained employed by the company IN THAT YEAR, 14 more days would be coming to me.
So who is right in this case? Am I reading it clearly, or is her "interpretation" valid? I'm not letting this go because I can grasp the English language just fine, and I can see what the code says quite clearly...but having a professional validate it would be appreciated.
Thx.
Alberta Employment Standards Code:
http://www.qp.gov.ab.ca/documents/acts/E09.cfm
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