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gretz
01-03-2014, 10:34 AM
I have a question for any legal gurus on here...

I am currently on salary and my pay was docked > I have taken zero sick days in the last 2 years, no personal day etc...

Before Christmas I missed one day of work, I have a dentist appt today (docked) as well as being sent home early on New Years.

My pay stub has docked me 2 days of work, is this common practice?

eblend
01-03-2014, 10:41 AM
Not a legal expert... But that does not sound right

speedog
01-03-2014, 10:48 AM
What does your contract or employment agreement say?

Ca_Silvia13
01-03-2014, 10:48 AM
You technically can deduct pay from a salaried employees but for the reasons you mention. However, it just sounds like you work for a fairly douchey company to actually go through with those deductions.

gretz
01-03-2014, 10:53 AM
Originally posted by speedog
What does your contract or employment agreement say?

My contract says i get paid semi-monthly, I am bi-weekly lol
It says nothing about hours missed, etc...

revelations
01-03-2014, 10:55 AM
Sounds like a messed up company. I would talk to Human Remains deparment firstly.

gretz
01-03-2014, 11:00 AM
Human resources has no clue what the laws, standards, etc... are

ExtraSlow
01-03-2014, 11:02 AM
Hr dept for sure.
I've never worked somewhere like that.

speedog
01-03-2014, 11:03 AM
Originally posted by gretz
My contract says i get paid semi-monthly, I am bi-weekly lol
It says nothing about hours missed, etc...

So is the company that you work for based solely in Alberta or are they across Canada?

gretz
01-03-2014, 11:04 AM
Alberta only

speedog
01-03-2014, 11:13 AM
Then you'd fall under the Alberta Employment Standards which unfortunately are silent on the situations you are describing which means the company you're working for can probably do what they did.

More info here (http://humanservices.alberta.ca/working-in-alberta.html).

revelations
01-03-2014, 11:17 AM
If your contract states you will make eg. 6,000$ a month on SALARY and you ended up with a bi weekly pay - did they just adjust your pay according to the number of pay periods in a year somehow? Are you sure its not semi-monthly instead?

Biweekly = 26 pay cheques
Salary = 12 pay cheques
Semi Monthly = 24 pay cheques

gretz
01-03-2014, 11:23 AM
ya, they adjusted my pay... I was semi-monthly, they changed me to bi-weekly

triplep
01-03-2014, 02:59 PM
Just out of curiosity when was your last pay period?

Maybe they just want to even everything out for the pay period, and you fell in the Dec 30th - Jan 3rd pay period? Maybe they are just paying you from Jan 1st to Jan 3rd in a different pay period then the Dec 30th and 31st? Or will they that include that on your next pay cheque? It sounds to me that perhaps the Dec 30th and 31st will fall in the next pay period and it appears that you may be 'docked' instead of actually being docked.

tirebob
01-03-2014, 04:37 PM
Salaried employees can absolutely be deducted pay for missing hours. The thing is you also can demand to be payed for extra hours. I looked into this a long time ago as a business manager and owner. You won't get time and a half for over time, but you are entitled to pay for extra work if there is no agreement already in place.

If you have an agreement with your employer where you don't get deducted for missing time, but you also don't get paid extra for over time, they should honour that. If no such agreement is in place and you are getting deducted for a few missed hours/days here and there, make sure you are tracking your extra hours and make sure they pay you for them. If they can play one way, they damn well better play the other as well...

Now I should point out it has been quite a few years since I looked into this (I called labour relations and spoke with a person there regarding this issue... Not just researching the web) and maybe things have changed, but as far as I know, this is how it should work...

edit - Just found this. Seems pretty cut and dry except for maybe my statement about not getting 1.5hrs for overtime pay for salaried employees. It looks like you might be eligible for that as well...

http://humanservices.alberta.ca/working-in-alberta/1470.html

nickyh
01-03-2014, 04:51 PM
It happend to me at one company i worked for, it was my last day at work - there was nothing for me to do, i walked around and asked people if they needed me to do anything, my boss told to me just leave and they docked my pay for leaving early.

I was just grateful to be done with that place so i did not care.

Ven
01-03-2014, 07:29 PM
Douche games from douche companies.

freshprince1
01-03-2014, 07:31 PM
Sounds like you better start *using* those sick days of they're going to be like that.

Nitro5
01-03-2014, 09:44 PM
If you had a union it wouldn't happen.

Just sayin

FraserB
01-03-2014, 09:52 PM
Originally posted by Nitro5
If you had a union it wouldn't happen.

Just sayin

You can get docked in a union.

ExtraSlow
01-03-2014, 10:32 PM
You get docked every day for being in a union.

revelations
01-03-2014, 10:38 PM
^ some people want others to do the thinking for them :dunno: