- April 15, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Title: Employer Underpaying Employees and Threatening Legal Action
### Situation:
Employer currently has 4 employees working under the table for cash, compensating them all below the minimum wage range, which is unethical and illegal. One employee started taking money due to delayed payments and subsequently got caught. Now, the employer is coercing this employee to pay $15k or face the threat of involving law enforcement.
### How AI Legalese Decoder Can Help:
The AI Legalese Decoder can analyze the legal implications of hiring employees off the books and paying below minimum wage. It can provide insights into the relevant labor laws and regulations being violated in this scenario. Additionally, it can suggest appropriate courses of action for the affected employee to navigate this precarious situation.
### Action Steps:
1. Seek Legal Advice: It is crucial for the employee to consult with a legal professional to understand their rights and options in this situation.
2. Document Everything: Keep detailed records of the work performed, payment received, and any communication with the employer to support any potential legal claims.
3. Negotiate Responsibly: If possible, try to negotiate a resolution with the employer without succumbing to undue pressure or threats.
4. Report Unethical Practices: Consider reporting the employer’s illegal actions to the relevant authorities to protect both the affected employee and other potentially exploited workers.
### Conclusion:
Navigating a situation where an employer is underpaying employees and resorting to threats can be daunting. However, with the assistance of the AI Legalese Decoder and appropriate legal guidance, the affected employee can take proactive steps to address the issue and protect their rights.
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LOL the employer would be very very stupid to try and go after this person for $15,000. If they can’t even pay their people on time under the table for an illegal wage, don’t be surprised when the staff take the pay themselves and be happy they’re not reporting.
Already gave the employer $5000.00? Sounds like there’s more to this story.
*asking for a friend lol
The most serious potential consequence is for the extortion.
Employer can face Ministry orders and penalties for not paying employees minimum wage or on time. Can also pay CRA penalties for failing to withhold income taxes from employees.
That’s an empty threat by the employer. The employer has a lot more to lost if they are discovered to be paying people under the table and below minimum wage. The employer is looking at a lot of fines while the employee might get criminal charges. It’s mutual assured destruction. The employee should have found a legit job instead of stealing. The employee should go find another job.
It’s a two wrongs don’t make a right situation.
Yes employer is both exploiting and extorting.
Employee committed grand larceny and is completely fucked if employer presses charges
This is lawyer territory. For those though saying the employee should go to the police, the employee apparently also stole about $4000, so they risk legal consequences as well.
This is almost as dumb as the landlords who sue their tenants for damages when they move out of their illegal suites.
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NAL.
I’d just call the cops and tell em straight up what happened. Employer has more to lose.
I know this is common in construction, manufacturing, agriculture etc. but isn’t it human trafficking? They’re recruiting, exploiting, threatening, (People), to endure substandard treatment and wages for profit of the company based on their immigration status. Not only are these workers not making minimum wage, they’re circumventing, not providing any other rights or standards under the employment standards act, wsib, cpp, ei, vacation pay, tax deductions..
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Well, threatening to go to the cops unless you are paid is extortion, so this would be fairly imprudent of him.
I would love to see this employer try to explain this situation to the authorities.
So the employer is looking to add extortion to their labour law violations? Genius
Is there a chance that in this scenario that the employee is also in Canada illegally? Or not documented?
Lots of personal opinions but very little legal advice.
The employee, to hold the employer accountable can:
1) call the ministry of labour. They will launch an investigation and come down hard on the employer.
2) call the CRA and report suspected tax fraud. They will launch their own investigation. Chances are if he is not paying the employee wages he is not paying the tax that comes with it.
Remember not only does the employer have to deduct taxes on the employees behalf they also have to pay their share as well.
Have them apply for unemployment insurance. They will call you in and want all the details. They hate employers like that and will freeze their banks accounts until everything is caught up which will not includes payback penalties for the employees.
If the employer suspects theft they can contact the police but with their record and battle with the UI people it will go nowhere.
Illegal. Report.
They paid themselves more or less than what was legally owed them?
[https://www.ontario.ca/document/your-guide-employment-standards-act-0/filing-claim](https://www.ontario.ca/document/your-guide-employment-standards-act-0/filing-claim)
Also, each individual has to file, can’t be a group filing.
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