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  1. #1
    Join Date
    Jul 2015
    Posts
    3

    Exclamation Resigning from a Commercial Diving Contract Job

    My question involves labor and employment law for the province of British Columbia: (US law is fine if it's all you know...although if you know British law it's closer to Canadian law.)

    My fiancee started a commercial diving job a month ago, in which he had to sign a contract. He ended up getting paid at least $1000 under what he was supposed to get paid. His boss meanwhile started yelling at the employees of the business for his own small mistakes, not their mistakes. This has happened on a daily basis for the last two weeks.

    On the weekend, the boss sent out a mass text telling the employees that they could not show up to work on Monday and never come back again. (so he wouldn't have to fire them most likely. He never told them when to come in on Monday if they wanted to come.)

    They all came to work today, and when the boss started yelling at them, my fiancee decided to quit. The boss said that he couldn't quit because of the contract he had signed an that he'd take him to court if he did quit.

    Was the contract already breached because my fiancee wasn't paid what was agreed upon?
    Could the text "allowing employees to quit" two days before help him leave his job?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Contract Work: Not Paid What Was Stated, Threats, and Abuse

    Sorry, but you'll have to find legal advice in BC.

    I haven't found a forum like ours but here's a website with a variety of legal resources in BC:

    http://www.legaltree.ca/node/111

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Contract Work: Not Paid What Was Stated, Threats, and Abuse

    My question involves labor and employment law for the province of British Columbia: (US law is fine if it's all you know...although if you know British law it's closer to Canadian law.)
    No, really it isn't fine. Close only counts in horseshoes and hand grenades and this is nether.

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Contract Work: Not Paid What Was Stated, Threats, and Abuse

    1. Canadian law isn't remotely close to US law or British law. If your fiance was in the US, this would have been a perfectly legal firing. In Canada, not so much.

    2. I am a Canadian employment law expert. Before I can advise you, please tell me this: was your fiance an employee or an independent contractor?

  5. #5
    Join Date
    Jul 2015
    Posts
    3

    Default Re: Contract Work: Not Paid What Was Stated, Threats, and Abuse

    Default Re: Contract Work: Not Paid What Was Stated, Threats, and Abuse
    Independent contractor. I also just found out that the contract was verbal, not written. The only thing my fiance signed is a non-disclosure agreement. Before he left work today, his boss threatened to pass around that he's a bad worker to all of the diving businesses in the area and that my fiancee won't be able to find a job in Canada if he doesn't do this week's diving work.

  6. #6
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Contract Work: Not Paid What Was Stated, Threats, and Abuse

    If he's an independent contractor then he's not covered by employment laws. He is covered solely by his contract (which, if verbal, is worth just about the same amount as the paper it's printed on). Sorry.

  7. #7
    Join Date
    Jul 2015
    Posts
    3

    Default Re: Contract Work: Not Paid What Was Stated, Threats, and Abuse

    So he can leave the job and his boss cannot sue him for leaving then? (If that were the case, the only thing that my fiancee would have to worry about would be if his boss did call all of the diving companies in the area etc.)

  8. #8
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Contract Work: Not Paid What Was Stated, Threats, and Abuse

    If the contract is verbal and one party decided to sue the other party, the court case would be a matter of who said what. Result would be up to the judge.

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