I have been very fortunate to have spent 6-9 months working for a very large employer in Calgary but have had to quit due to family circumstances - my children were suffering to the point of crying for me everyday due to a horrendous shift pattern which meant I spent about half hour a day with them - sometimes didn't see them at all and they spent all their time with our childminder, which isn't how our move to Canada was meant to be - I expected it to be hard for a few months due to the newness of everything and getting settled but due to the downturn in recruiting the seniority expected at 6-9 months in is no-where to be seen - again I had planned for a few months of the worst shifts but couldn't foresee the downturn when employed last summer/arriving this January.

When I started with the company they paid $5500 towards the expense of the move across from the UK as well as my flight (I am here on a twp in a low-skilled category c job). They have now stopped my last 3 weeks pay which was due today to compensate themselves towards the above.

Does anyone know if this is legal?? I gave and worked just over a weeks notice and from what I have read, employers cannot with-hold payment of your pay.

I am going in to see them on Friday having been summonsed to collect a letter(?) and wondered if anyone knows where I stand so I can stake my claim re my pay whilst there.

Thanks to anyone who can offer suitable replies.

Its a fairly common thing to be wrote into your contract, it was in my hubby's that he had to stay at the company for 1 year after the move or pay our relocation costs back.

Hi Nicky,
I am so sory to hear things have not worked out for you. What a crap experience you have had. I don't know the legal side of your position, but as in the last reply,the job I have been offered definately ties me in for a year or i have to pay back the 6000 dollars am being offered! It seems to be quite a standard thing.... sorry! Hope you get it all sorted out.
What profession were you working in just out of interest? I am about to commence shift work too as a nurse.. and have heard it can be quite heavy! Esp. as you say... you are the last one in/junior one, and just get dumped on from a great height. I too was planning to work full time for 1 year and struggle on, then go part time after 'doing my year'
All the best and hope things get better for you
Lorna

As has been said, check your contract.

Normal practice also in the UK. In fact, my previous employer would also dock any training costs if the training course was attended within a year of your leaving. If you had been on a couple of week-long software dev courses you could be faced with a bill of £5K!

I too would check your contract. OHs states he has to stay two years or the moving costs will be pro rated and he has to pay back. Eg if he stayed 1 year he would pay back 50% , if he stayed 1.5 yrs he would pay 25% back etc

Way back when my contract stated they would be reimbursed moving expenses if I ceased employment with them within the first year. It was unspecific about how and when the monies would be repaid.

You should talk to the employment standards branch.


http://employment.alberta.ca/SFW/1224.html

Deductions from Employee Earnings

The Employment Standards Code allows certain deductions to be made from employee earnings. These include legal deductions for Income Tax, Canada Pension Plan, Employment Insurance and Alberta Health Care premiums, as well as deductions resulting from a judgement or order of a court.
If an employer wants to make other deductions, written permission must first be obtained from the employee. Examples include deductions for company pension plans, dental plans, personal charges to company credit cards, and so on. Usually these deductions are discussed and permissions are provided before the employee starts their job.
There are some deductions that are not allowed, even with a written authorization from the employee. You cannot take deductions for faulty workmanship. Also, you may not deduct for cash shortages or loss of property where more than one person has access to the cash or property.

Agreed.
I would imagine the contract also said you would reimburse the company...
I think there's an important distinction between reimbursing and having your wages withheld.

I thought about this too. But if his contract specifies that the re-imbursement is by deduction of salary then he has already give permission.

In my last two jobs over here I had to stay for two years or pay back 100% of relocation

The weird & wonderful world of employment law!

Assume Canadian Law is similar to UK Law, an employer cannot deduct salary from an employee unless the basis for its deduction is clearly stated in the Contract of Employment or it is agreed in writing by both parties. Even if it does state it, it is good practice to advise the employee prior to the payment becoming due.

Assuming that it is not clearly stated in the employment contract that if the employee leaves before a specified time has elapsed then the employer cannot deduct any sums associated with the relocation contribution from salary without getting the employees agreement in writing. I would assume that the letter referred to is a letter for the employee to sign confirming agreement to deduct salary - if this is the case, if you do not sign it, they cannot make a deduction from salary.

Good luck either way.

Yelkcub

Why haven't things worked out for me or have you replied to the wrong person?

My experiance is that they're not even close, sorry

but much is weigthed in the favour of the employer here

Would not say that by any stretch. Employers have to give employees notice or wage in lieu, employees can just not turn up and there are no penalties.

One has to remember that employers create the business that makes the jobs.

It's a bit like saying it is not allowed to exceed the speed limit