scrubbedexpat091

This doesn't pertain to my job, but someone I know who asked me to look into it.

His/Her employer put out a memo that says:

The cash float is consistently short, we will no longer be replacing this money with company money to make up for the shortage, the person or persons on the previous shift will be responsible to provide the money of they amount that is short.


Looking at BC employment standards, this seems to be to not be legal in any way, and the employee has the right to refuse?

The float is not locked in a secure place, and multiple people from multiple departments have access to it, but the blame is being placed on the front office staff who have no means to secure it, and can't always be available to watch it.


This is what I found on the BC employment site.

"Employers cannot require that an employee pay for any portion of an employer’s business cost.

This includes expenses arising from theft, damage, breakage, poor quality of work, damage to employer property, or failure to pay by a customer. Some instances where these issues arise include “gas-and-dash”, “dine-and-dash”, shoplifting, or accidents involving employer vehicles or equipment.

If an employer requires an employee to pay for any business cost whatsoever, in any way, the Employment Standards Branch can recover that money as unpaid wages. This includes money paid out of tips or any other source.

Any agreement by an employee to contribute towards an employer’s cost of doing business is a contravention of the Act and is not enforceable.

If the Branch issues a decision finding that an employer has contravened the Act, monetary penalties will be imposed ranging from $500 to $10,000."



So is what the employer doing not even legal?

Aviator

You are correct in your assumption. An employee cannot be held responsible for shortages. If an employer can prove theft, that is a different issue. Employers cannot take deductions from wages, other than those mandated by govt. without the employees written permission.

scrubbedexpat091

Thanks, didn't think it was kosher. Guess the plan now is to divide it up with everyone working on any particular day its short and make everyone cough it up.

Silly things companies try to do. It doesn't sound like theft, its small amounts short 1 or 2 dollars which can easily happen by a roll of $2 coins being 1 coin short.

Aviator

It is not silly, it is in contravention of the employment standards act. The employer has an obligation to either accept the losses, or find out why they are occurring and rectify the problem.

I am not sure how an employer would even enforce such a scheme, as taking money off a paycheque, other than taxes, EI, CPP without the employees written permission also contravenes the act. If an employer advances or loans money to an employee, the employer cannot deduct that from a paycheque without written consent from the employee, even if they leave.

As soon as an employee files a complaint with the LSB, the employer would be ordered to pay the employee for the amounts.

I have not come across rolls of coins coming up short. If there is doubt, each employee opening a roll should count it first and report it to the employer.

Other than theft, the onus is on the employer to carry all losses and put in place remedies to prevent such losses, without financial loss to the employees.

not2old

JS, a few comments

-Print off the BC employment standards act [highlighted sections] & give it to your friend, who in turn hands it to the employer, who then gets fired or mistreated by the employer

-Put a printed copy of the employment standards act with the highlighted sections pinned to the wall in the lunch room or a place the employer can see it

- Have your friend contact the BC labour board employment standards folks providing them with a copy of said email

- The employees should consider getting unionised

scrubbedexpat091

There are only 4 or 5 employees, doubtful any union would spend any effort or time on it.

not2old

dont know, maybe they can

see if the minimum number is in the link below

Labour Relations Code

scrubbedexpat091

This town used to be very pro-union back when logging and rail road were the big employers and mainstay of the town, now its mostly white collar office workers.

We even apparently had the first unionized McDonald's back in the 90's, but because of high turn over, the company was able to have it decertified since almost all who had voted in the union had left by the time it went union, and the new employees had no interest in a union, lasted like 8 months.

scrubbedexpat091

What about this.

Employer needs employee to come in to work 1 hour early but doesn't want to pay over-time to employee as it cuts into profits.

So instead on another day, they send home employee early 1 hour and then pay no over-time.

Recording sound on the CCTV in the workplace?

not2old

post # 9

report the employer to the Employment standards Branch at the Ministry of Labour, as well as change employers

Is the employer bending the rules?

https://www.labour.gov.bc.ca/esb/igm...m-esa-s-40.htm

http://www.labour.gov.bc.ca/esb/igm/...m-esa-s-37.htm

.

not2old

Legal Categories - Legalline - Canada's Free Legal Resource

Aviator

If you are not being treated according to the standard, you can file a complaint with the ESB.

Had you thought it maybe time you found a new employer, it does not sound like you are satisfied where you are?

scrubbedexpat091

I left today, the poor work environment is leading to poor mental health and best solution was to go what everyone else has and just leave, sometimes money and a job are not worth dealing with a poor employer who treats you like crap.

Gonna start looking in Vancouver for a job, nothing in this town will be with even wasting time with.

Aviator

You may qualify for EI if you left due to poor conditions. Talk to Service Canada.

scrubbedexpat091

The last time I applied for EI (and I could as a doctor has agreed with me on medical need to leave) they just took away the EI amount off disability so at the end we got the same money just from different sources, so easier and better to just not deal with EI since the amount they will provide isn't much if anything more then disability.

No double dipping and all.