I was not paid. Am I wrong to refuse work?

Staiduk

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OK - last Canada Day (July 1) was part of our regular working shift at the plant; the second of a three-day 12-hour shift. We didn't have the option to take the day off; it was our regular shift, after all. every member of the Shift worked the day; certain in the knowledge that we were making Double Time and a Half for that shift.

But when our paycheques came in; we were stunned - every worker in the Printing department had been paid 12 dollars for 12 hours work - far less than half our regular pay. For Journeymen; it is less than a third. That's better than the Bindery department recieved; they'd worked 7 1/4 hours on that day; and recieved $7.25 dollars for their work.

Obviously, a mistake had been made. Whoever had filled out the payment forms (and I know exactly who it was; our payroll department is one person strong) had put the hours worked into the base wage slot. An easy mistake to make I guess - not having ever seen the payroll program - but one which should have been corrected fast.

Well, you can imagine the workers on the floor freaked out. I personally lost more than five hundred dollars on that mistake; can you blame me for being angry?

The office sent out a memo stating they are aware of the mistake and it would be corrected on the 13th - that was yesterday. Nothing has been added to my account since the last very small paycheque.

I barely had enough to cover rent and groceries - since the office didn't come through I'm now in real trouble; I have a bill I need to pay; I told them I would pay it yesterday. I can't - wanna know how that phone call went? I assure you it's not something you want to experience.
I live from paycheque to paycheque; desperately hoping for overtime or Stats in order to make ends meet. Canada Day looked like easy money; combined with the two overtime shifts I worked on my days off. It should have been easy to pay everything off and have a tidy little sum for myself to put away but they never paid me for it. Worse; I called Payroll and she tells me she has no record of me working those days.

That is a Flat. Out. Lie. I have never missed a shift; I have never taken a sick day. I will not take a stat off if it's available. My work ethic and reliability are very well-known in the plant. The records of my work and shifts are there in the computer; the hours I worked are a fact; not a matter for debate. They're screwing me out of a day-and-a-half's pay and leaving me very literally hanging by a thread.
And NOW I'm in hot water from the Operations Supervisors because I refuse to take any overtime until this matter is resolved. Overtime is optional in this plant in the same way elective cancer surgery is optional. You can refuse it if you wish; but your short lifespan will be filled with misery if you do.

They have jobs that desperately need to go out - and I am one of very few printers they can count on to be able to get the job done. And I have never refused the possibility of overtime in the past.

But when Steve walked up to me with his clipboard; asking me which days I would take, I thrust my pay stub under his nose. "You see this?"
He was taken aback. "Uhhh...what?"
"I wasn't paid for Canada Day. This place owes me five hundred plus. I'm not working Overtime until I see the money in my account."

The Operations office went ballistic - I'm one of those reliable numbers that can be inserted into any schedule. Well; this number just became a 'zero' and now they have no Rollman fully trained to Journeyman status that can cover the shifts they need. I've been threatened with reduced shifts - an empty threat; I'm too good for them to ignore and my regular 'B' shift crew works our hours regardless of the office's opinion. I've been harangued from all sides; they've tried the guilt trip, the loyalty ploy and the 'promotion necessity' argument. They won't get one more hour out of me until I have a cheque in my hand equalling the hours I worked.

It's getting serious - Home Office has sent directives instructing the work be completed. But I will not work any extra hours; nor will Brad, Steve, Frank, Tracy, Tindale, Rutillio, Raymond, Julia (all fake names) or any other operator who supports me.

It's coming down to 'Pay up or fire me'. It's a game of chicken - their office staff versus one of the best Press operators in Canada, and that's not hubris speaking; I know exactly how good I am - and I'm not going to blink first.

I'll keep you posted.
 
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N_Molson

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Workers have rights. People died for this.
 

Urwumpe

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If they will correct this on the 13th, you should wait 3-6 days before taking action, since the banks might be slow to handle this. I think you are a bit too fast there in your reaction towards your superior and should maybe excuse for being for a good reason a bit upset. You are still right to be upset after all.

But generally: Not paying you or not paying the money you have in your contract is a contract violation of the company and means you can sue them to hell to get this money + the usual interest rates for terrible little debtors (Which is a very high interest rate, we effectively rescued a sports club only by having the patience for letting lawyers and judges handle our outstanding membership fees). You are right to demand that this situation is solved ASAP. But ASAP means also that "Yes, we do what we can to fix this mistake" is a promise that should be reason enough to calm down.

Should nobody of you get the money, you should better get a lawyer instead of refusing to work. Refusing to work only makes legal sense if this happens regularly. You then can also form a union and go on strike and attract unfavorable media attention for the company. Workers going on strike because they had not been paid is a very important information for the bank of your company, should your company need the next loan. I know that many CEOs are not afraid of their workers or them forming communist unions... but they are afraid of their bank asking tough questions.

Same with overtime: As IT crowd, I know that overtime is not optional, but part of the business. But it is not "normal". It is an exceptional situation that should be prevented. If it is not prevented, it is a good reason to haggle for a good price for this overtime. Here overtime is not paid extra, we just have a overtime account, if we have too many hours plus, we are actually ordered to take a day off, when the workload drops.

Telling you that you did not work on that day: Would in Germany be a possible case of social insurance fraud, since this implies that you might have worked uninsured that day. Not sure about Canada there. Having a few people seeing you work that day is enough to prove that. Being accused of social insurance fraud is near-fatal situation for a company, public opinion can be very negative (But many still try that, especially in the construction industry). So, your Payroll should be aware that they are in a very very bad situation. If they are not aware... well, you need a new Payroll soon.
 

garyw

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Workers have rights. People died for this.

Yes they do but........

But when Steve walked up to me with his clipboard; asking me which days I would take, I thrust my pay stub under his nose. "You see this?"
He was taken aback. "Uhhh...what?"
"I wasn't paid for Canada Day. This place owes me five hundred plus. I'm not working Overtime until I see the money in my account."

Is not the best approach. Chances are this 'Steve' didn't have a clue and suddenly he is on the defensive with no clue as to whats going on.
What may have been better would have been a few quiet words with Steve, something along the lines of 'Hey Steve, I've got an issue here I need to raise with you. I've been underpaid $500 so I'm really reluctant to work any overtime until this is sorted. Can you have a look into it for me? Thanks'.

Then wait a few days to see what the response is.
 

Melvin

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I'm with you too.

You are doing something that most people would be too timid to attempt. You are standing up for yourself and your co-workers and doing the right thing.

Good luck Sir.
 

jedidia

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An individual strike is the wrong way to go. There are several of you, the reaction has to be collective. And if a collective of workers threatens with a legal suit, that's usually pretty terrifying for an employer and will get things moving rather quickly. Well, if your legal system works, anyways. non-payment of wages in Bosnia is almost as regular as payment, because you know that the courts will need at least 5 years until they can even look at your files... :shifty:

Anyways, a collective action will always prompt a much swifter response from an employer than an individual one. I'd suggest that you guys organise yourselves a bit, and pass a memo upwards that if the situation doesn't get solved within a realistic deadline, you'll sue.
 

mojoey

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Personally I would wait a couple more days before making heads roll. However, if what you say is correct, give them hell.
 

Artlav

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Does not sound like a genuine mistake, give or take local specifics.

I had a similar situation once - one month i find that the pay is only about a third of normal, for no apparent reason. I went to the HR manager at once, who quickly found that there was an error. Relevant part is - the way accounting was handled, there was no way to give out the difference immediately, so she compromised by adding the missing part to the next month, and loaning me the difference until then.

Maybe it would have worked better for you if you tried to solve it on a face to face level at once?
 

Kendo

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I was in the same trade as you all my working life. We had a Union which would have dealt with problems such as this. I presume in Canada you don,t. Either way, if you worked you should be paid.
You got paid 1 dollar per hour and so did the binding department. A very strange mistake indeed.
 
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Scav

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I'm also with the 'feel pissed, but proceed with caution' crowd. A couple of years ago I had an employment with a small company that lasted for a month because the company had a budgetary shortfall and neglected to inform me that I wouldn't be getting paid for another two weeks to a month.

I was out of gas in my car, having ran all around the city for that company for several client sites, and I was reasonably upset; I was sacked for speaking earnestly with the company owner about her having informed literally everyone but myself that they weren't going to get paid. The timing was execrable, and the owner took offense even though I had spoken with her levelly, and without raising my voice.

Later on I found out instead of taxing me as an employee, the owner taxed me as a contractor, so I took a hit on my taxes that year as well.
 

Hielor

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Yes they do but........



Is not the best approach. Chances are this 'Steve' didn't have a clue and suddenly he is on the defensive with no clue as to whats going on.
What may have been better would have been a few quiet words with Steve, something along the lines of 'Hey Steve, I've got an issue here I need to raise with you. I've been underpaid $500 so I'm really reluctant to work any overtime until this is sorted. Can you have a look into it for me? Thanks'.

Then wait a few days to see what the response is.
This is an important point to consider. Your actions may very well be punishing and pissing off a large number of people who had nothing to do with the problem and are in no position to fix it.
 

Staiduk

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Well, not really; I think I wasn't properly clear on this - it wasn't just me; it was the entire plant - everyone that worked that day. The initial action was exactly that - we informed the sups and they went to work (Steve's a false name, by the way.) The office responded with the memo later that day indicating the correction would be put in place yesterday. This is a Union action; no-one is working OT until the correction is made. I was just relating my part in it. I suppose I could have been less hot-tempered about it but he did target me specifically because I almost never show anger of any kind at work - he wouldn't dream of trying it with many of the others. So now since I don't have the in-your-face reputation others do they're trying to pressure me. And they're finding out that I don't knuckle under.

Will keep you posted.
 

llarian

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This is a situation that you have a union for. I'm assuming that the grievance procedure was invoked. What the hell's wrong with your union steward (and the rest of the union) that they are not working on your behalf?

Seems to me you have a two-pronged problem, both the employer and the union.

Perhaps your reaction was a bit ... impolitic ... but perfectly understandable. Probably would have been best just to let the union work it through. Just remember how much was done for you on the matter at the next contract negotiation ... or decertification vote.
 

Staiduk

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Wups; just got the call now - the correction's been applied. Naturally he called me directly because "Now that the problem's been fixed we could really..." (sigh)
Well; we're still only a day behind schedule - we'll be able to pick that up in short order.

The other issues regarding payroll have just...gone away.
Oh well; the problem's been fixed; that's the main thing but it still bugs me: If a guy on the floor makes a mistake - for example; supposing I missed a nick on a roll; causing it to explode at splice. That'd be about half an hour of downtime while we re-webbed and I'd be hearing about it the whole time from everyone up the chain. If things were really stressful I could easily be written up for that and justifiably so; that's a mistake that shouldn't happen (which is why I never make it.)
But if someone in the office makes a mistake - such as shorting everyone in the plant; in one notable instance four years ago not paying anyone at all; late deposits, etc. - then the matter is quietly closed. 'Oh well, mistakes happen'.
Hey; I believe strongly in accountability I just wish it was more evenly applied.
Well...OT tonight - we've got a day to make up.
 

Yoda

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Question is, if this happened LAST JULY, why just now start throwing a stink about it on this forum.
Seems a little out of place if you ask me.:cheers:
 

Evil_Onyx

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I'm glad its fixed.

I've had a situation that involved short pay.

My advice is to keep on to those who handle your pay about it. And refuse to do any more work than you are contracted to (down to the second if possible). If it is not fixed within a suitable time (2 paychecks time) inform your Union if your a member or your lawyers if not, you should be able to claim back any expenses due to the late payment including legal fees.
 

Staiduk

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Question is, if this happened LAST JULY, why just now start throwing a stink about it on this forum.
Seems a little out of place if you ask me.:cheers:

Uh...last July? It happened from one week ago up until now. Did I make a mistake on the OP?
Edit: Oooohhhh; I'm so stupid - was too quick and steamed while typing. It was bloody Victoria Day. :facepalm: About all I can think of why I had Canada Day in the head was we were complaining about the scheduling around it coming up. Just a total brainf#$%.... Sorry.
 
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Evil_Onyx

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You put 1st July when you meant 1st June.
 
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