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owed over $55,000 in overtime by my ex-employer

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Description

Law Type:Employment / Labour
Location: Pincher Creek, Alberta
Specific Issue: Wages / Overtime pay withheld

Case Description

Employment start date was February 1, 2008 and end date was December 10,2008. Starting salary was $4000/mo for 5 days a week 8am-4:30pm. In march that was raised to $4500 for same days and hours. I was to be responsible for 8 trucks (which grew to 13) and about 10 or 12 trailers (which grew to about 19) as well as his farm equipment as he also has a feedlot and farming operation. From week 1 I was working 12 hours a day and I only had one day a week off, which was Tuesday. On my only day off I went to Lethbridge to get parts and supplies. My girlfriend was hired mid-February to do inventory as I didn\'t have time. She was then offered a job to stay on as truck detailer/shop help. She\'s willing to testify to my hours as she knows because she was there with me working those long hours a majority of the time.(she has her own overtime dispute with this company, hers was granted by labour board but appealed by the employer). Another mechanic helper was hired on in May....I finally got alternating weekends off, but I was still working 12+ for 12 of 14 days and his hours were the same. My employer INSISTED that I NOT keep time sheets, luckily I kept a day book at home with my hours written on it. The employer claims he insisted that I was to hand in a timesheet, but that is an outright lie. The lady in payroll could tell you that in 11 months it was never requested by him, I\'m not sure if she knows that he didn\'t want me to keep one. He figures if he didn\'t tell me to do overtime it is null and void. As you probably know, overtime need only be permitted by the employer NOT approved or required in order to be considered overtime as stated in Canada Labour Code Part III Div.I Sec. 174.


Details

Case id : 010413
City : Pincher Creek
Province : Alberta
Category : Employment / Labour
Specific : Wages / Overtime pay withheld

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