Can she withhold my pay? (Ontario, Canada)?

[albanwr26]

I own a small housekeeping company in Ontario, Canada.

In November of this year one of my neighbours, Liz, asked me if I would be interested in helping her clean an old resort. I said sure. She said it would take one week to do, but I would get paid two weeks after finishing.

I cleaned and two weeks later, I only got 1/3 of the money I was promised. Liz said that the owners of the resort was withholding payment. I was told that the week after we would get paid the rest of the money. So I was nice. The next week (3 weeks after cleaning), Liz told me it would be another week. Another week went by (4 weeks after cleaning), and now Liz still said she Isn't going to pay me. I wrote her a message telling her how disappointed in her I was, and how I'm embarrassed that people think we are friends. (There is even more girls who cleaned with me who are waiting for money). Now Liz is getting nasty with me, she told me last weekend she would pay me when she got paid from the owner of the resort. She told me she is not paying me until the resort owner pays her. She claims that they don't have to pay her until 30 days after we cleaned. It is now day #33 since I cleaned. The last five times I've asked her when she will be paying me, she gives me a different answer. On Thursday night she told me to come to her house so she could shove my money down my throat. She can't have a conversation with me without swearing at me. She's making up lies. She accused me of gossipping with some other guy that worked at the resort. I told her I had no idea who that person even was, so I know she's lying and she told me I was wrong. So I found that person in the phone book and called him and asked him to explain to me and Liz what is going on, and that we don't know each other.

Now Liz says that she wont pay me until Monday (day #35). But she has a history of lying.

I've been trying to find something online in the Consumer Protection Act, Labour & Employment act, but I can't find anything! How long can someone hold my pay?

We all did a great job, we were quicker than expected, the owner of the resort was extremely happy with the work we did.

I'm concerned that Liz has already got paid in full for the job and has no plans on paying us. (She is a very shady character, but I thought I would give her the benefit of the doubt because she had never done anything bad to me before.)

Is there some sort of law stating how long someone can withhold payment? I'm getting very anxious because I was really counting on that money.

Liz was very uspet with me because on day # 30 I called the resort and left a message for the owner for him to call me back, and that I was one of the girls who cleaned for him who still hasn't got paid. Honestly, the lies and the broken telephone game I've been playing with Liz is wearing my nerves very thin. Plus, I'm pregnant. So I have some extra hormones. I just want a straight answer. Why is my pay being withheld and when will I get paid? Liz told me the reason I couldn't get a hold of him was because he doesn't know who I am, and he doesn't care.

Please, any help would be greatly appreciated!!! Thanks :)

[jabin20]

Here are the issues you are facing. 1) you were essentially working for a "contractor" a person who got the job and then hired other people to work, as opposed to working for the resort directly. 2) it sounds liuke yo have nothing in writing.
I would not be surprised that Liz was paid and has not paid the others.
Write a polite letter explaining in brief (not long and rambling like this one, and I am not trying to be mean). If this person paid Liz, they are legally obligated to ensure Liz paid you.
If Liz has not been paid, ask why. If she has, you then got to small claims court and file a claim against Liz. This will have to be done in the municipality Liz lives in. It costs $75.00 and if you win she has to pay it back.
Once she gets the claim in the mail, she will either pay you(make sure you get the $75.00) or she will go to court. If this is the case, make sure you have all your dates, times when you cleaned, when you called her, and when you wrote the resort. You can even claim against the resort, this covers all bases.
Don't call her again, in fact avoid her completely, it will be less stress
finally make an invoice for your work and mail it to Liz by registered mail, and bring it to the court case if need be

[blaisdell]

Our own life is the instrument with which we experiment with the truth.

[ailwyn]

She cannot withhold your pay. It is illegal. It doesn't matter if she get's paid 30 days after her contract ends, you didn't sigh the contract with the resort, she did. You were an employee and she must, by law, pay you what is owed. The website below is from the Ont Ministry of Labour.


It states clearly, you are to be paid:

no later than seven days after the employment ends;
or
on what would ordinarily have been the employee's next regular pay day

Contact the labour board (see the link below) and lodge a complaint. They'll force her to pay you ASAP. NO ONE wants a hassle with the labour board.

[herald]

Contact the Provincial Labour Board.
They'll get your money from her.

[ezri]

undoubtedly