lawyer up?

I've been trying to resolve a labour dispute with my employer, but been getting radio silence to my inquiries.

First I asked for copies of relevant policys, then pointed questions towards said policy if it did exist. Nada from the HR mgr.

Then I went and read the Alberta Labour act and formed some conclusions. As the government will not investigate a complaint until I try to resolve it, but requires specifics in writing l, I sent a demand letter for unpaid overtime to $22,000.

On reply. I have since found an applicable exemption, but my claim is still good for $7,000. Plus missing banked time, and vacation days. Totaling $17,000.

So now what? Alberta Labour will investigate.... eventually, I'm protected from dismissal or harassment for filling a complaint, but wonder if it might be better to involve legal counsel....

It might not hurt to talk to someone. Using a lawyer to settle this might get expensive.

I am not sure how the laws or courts work in Canada but down here, getting an attorney can get expensive.

First try to do it yourself. Registered mail with proof of delivery.
If they don't solve try the labor bureau route once you have all proof that you tried.
Lawyers in US will eat a good chunk of what you recover, I can't imagine Canada being much different.
Protected from dismissal for the complaint.. yes. But expect to be assigned to a different position and/or being fired within months for being late, poor performance, etc - so better polish the resume and start looking.

Well, rather than answer questions corporate punted to legal council. Don't think they are paying their lawyer enough. His arguments are....laughable.

Not sure how Nova Scotia labour decisions apply to Alberta. And if I read his arguments correctly city's can save millions by not paying bus drivers.....as that is unpaid travel time.....

I see how it is now....anything I do, say, or write can be used against me. Think long and hard before opening mouth or sending E-mail.

In other news my "I don't care" attitude is getting old. It's not that I don't care, it's that I care too much. I can do better and this company can do better, but we're too bogged down by procedures(that no one adheres to), incompetence, exhausted work force, and wore out equipment. I see how it is, do your job, fake it and hope no one notices, and don't complain when shit is broken. Squeaky wheels get smashed.

Maybe it would be healthier to put this behind you than to fight it. Even if you win, you may lose if that makes any sense.

The only way you will win when you get this kind of brick wall is to lawyer up. Once this thing starts rolling they'll settle to prevent a drawn out battle. That said you'd have to get a lot to pay for the lawyer, so it's important to find a firm that's willing to take this on at no cost if you lose. I hear about that all the time, never actually employed a lawyer other then for a PoA...so I really don't know how that free retainer stuff works.

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Originally Posted by Semper Fi

The only way you will win when you get this kind of brick wall is to lawyer up. Once this thing starts rolling they'll settle to prevent a drawn out battle. That said you'd have to get a lot to pay for the lawyer, so it's important to find a firm that's willing to take this on at no cost if you lose. I hear about that all the time, never actually employed a lawyer other then for a PoA...so I really don't know how that free retainer stuff works.

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they up their take on the backend. probably something like 40% of the settlement

Usually 30% if no trial, 40% if they win at trial.