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Hi, so here is the whole story,
on may 1st 2017 I started to work for a brokerage as an IT and Marketing manager. Before being hired I spoke with the brokerage owner and we discussed my payment etc. He said I would be paid $12.50 and hour from 10am to 6pm Monday to Friday. He also said my hourly payment would increase $1 per every 20 new agents that join our brokerage. He said that he would not pay me for the first 6 months, and that on the 7th month I would be paid and throughout the next 4 years I would be paid back the salary owed from the first 6 months. For the 3 months I worked there I did various things such as creating an online booking systems, an online invoice to pdf system and I also worked on the website. On July 28 he met me and said he wanted to change my contract and only pay me on a project to project basis since he realized I was not fit for the job. I told him I do not want my contract to be changed. He insisted that that would be the only way I could still work for him. I told him that I do not agree with these terms and that I cannot work with him anymore. I asked to be payed my salary for the first 3 months that I worked for full time. He now insists that I work for free to further finish everything he asked for and then he will give me the money owed. I told him that is not fair since I worked for him full time and he says now that it was not full time it was a project to project basis from the start. Unfortunately we did not sign a contract or anything about this but we have sent many emails and texts back and forth confirming that I was working full time and getting paid hourly instead of by a project to project basis. My employer had also hired another person as an administrator and he fired her 1 month later without giving her pay as well saying that she worked as a volunteer all of a sudden. I just want the money that I was owed which should be about 6k and I want to be done with this. Do I have a case or should I go back to him and finish everything for free and then get paid even though I think he might now even pay me then.
So my question is do I have a case? Is it even worth it sue? And what can I do do better my chances if I have a case since my employer thinks that I am ok with him we are still on good terms at the moment?
Thank you for your detailed question. Your employer is required to pay for you for time worked as per the express terms of the Employment Standards Act. It is likely you have a case but we would need more information to fully understand your matter and provide you with accurate legal advice. I would encourage you to call us and set up a consultation with one of our employment specialists who will be able to fully assess your matter and provide you with further direction.