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Hi, I was recently employed at an establishment for a few weeks and had decided that I no longer wanted to work there as I felt that the company had unfair labour practices. I had been warned by management one day about taking a break while working a 5 hour shift, even though I had been working a 6 hour shift, and was told that the 30 minute break I took was okay because I had been scheduled for a 6 hour shift, but to know that going forward I wasn't allowed to take a break during a 5 hour shift, which I knew is wrong as employees should at least get 15 minutes to rest. I had decided that that was kind of it for me, as little occurrences prior to this one with other employees being fired had already started to make me somewhat feel as though they were trying to take advantage of their employees. With that being said, I had made the decision to not return to work. Management had contacted me via email on April 25th, the day following my missed shift, and had advised me that they no longer needed me and would contact me with a date to pick up my last pay stub. This was a few weeks ago, and now the employer is now withholding my last wages. I was supposed to be paid on May 3rd and after contacting the employer was told to come in and pick up my check on May 5th. When I went in to go pick up what was supposed to be my last check I had only been paid partially. In my last week of work I had worked 24 hours at $18 an hour, and they had only paid me for 5.5 hours. I had discussed the matter with them when I was there and was advised that they would look into it and contact me. More than 48 hours have passed since first going in to get my check and no one has contacted me with any info, and as such I had advised them that I would move forward with legal action, as I know that withholding someones earned wages is illegal. They have just contacted me and again advised me that they will look into the matter and contact me. I suppose my question is, I want to know how I should proceed in this situation. This is a new establishment in the legal cannabis industry that was granted the opportunity by the OCS to open and it has only been operational since April 1st, however they fire and let go of employees left right and center. I know that what they are doing with me is wrong and I know that they are aware of this as well. I find it insulting and even disgusting that they think they can do things like this to their employees. I have a three year old daughter to feed and take care of and my employers are aware of this. I am not asking for anything more than what they owe me and I worked hard for my money and was a great employee through and through and more than earned my wages. I feel that they are upset and trying to “punish” me for not getting to fire me, as from what I understand after speaking to other employees I am the only one out of the bunch to leave that has walked away from the job and not been fired. What should I do?

If you have had your wages illegally withheld, you should file a complaint with the Ministry of Labour who will investigate and assist you.
The Lawyers at Samfiru Tumarkin LLP
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