Abusive Manager

[momof3heathens]

After 4 years my daughter has quit her job due to management abusing authority.

Usually it comes in the form of not getting any hours the following weeks/months if you aren't available to be scheduled at anytime regardless of the reason. This included vacation time, a sick day, school exams, a second job, death in the family, etc .


However the latest straw that broke the camels back was on Dec 23. She showed up at work for her shift but started experiencing pain in her side. She asked if she could be let go but was told no. As she worked the pain became intense enough to make her start crying. Asked again and no. Eventually an assustant manager found her on the bathroom floor bawling her eyes out and had to practically beg the head management to send her home. The manager then rolled her eyes and barked at my daughter "fine, go!"

She ended up in ER about 1/2 hr later and after 4x's in ER, an ultrasound, emergency surgery 10 pm Christmas night she is finally home resting.

She has told an assistant manager that she is putting in a formal complaint however not sure if she informs corporate or labour relations first.

[Shwa Girl]

Wo
w, that sounds like a bad manager. He may be abusing the Employment Standards Act in your province:
http://www.bclaws.ca/Recon/document/...de/00_96113_01

Copyright (c) Queen's Printer, Victoria, British Columbia, Canada

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Employment Standards Act

[RSBC 1996] CHAPTER 113

Contents
Part 1 — Introductory Provisions
		1 Definitions
		2 Purposes of this Act
		3 Scope of this Act
		4 Requirements of this Act cannot be waived
		5 Promoting awareness of employment standards
		6 Repealed
		7 Repealed
Part 2 — Hiring Employees
		8 No false representations
		9 Hiring children
		10 No charge for hiring or providing information
		11 No fees to other persons
		12 Employment and talent agencies must be licensed
		13 Farm labour contractors must be licensed
		14 Written employment contract required for domestics
		15 Register of employees working in residences
Part 3 — Wages, Special Clothing and Records
		16 Employers required to pay minimum wage
		17 Paydays
		18 If employment is terminated
		19 If employee cannot be located
		20 How wages are paid
		21 Deductions
		22 Assignments
		23 Employer's duty to make assigned payments
		24 How an assignment is cancelled
		25 Special clothing
		26 Payments by employer to funds, insurers or others
		27 Wage statements
		28 Payroll records
		29 Repealed
		30 Producer and farm labour contractor are liable for unpaid wages
		30.1 Liability of farm labour contractor for transportation costs
		30.2 Enforcement of administrative fee
Part 4 — Hours of Work and Overtime
		31 Repealed
		32 Meal breaks
		33 Split shifts
		34 Minimum daily hours
		35 Maximum hours of work before overtime applies
		36 Hours free from work
		37 Agreements to average hours of work
		38 Repealed
		39 No excessive hours
		40 Overtime wages for employees not working under an averaging agreement
		41 Repealed
		42 Banking of overtime wages
		43 Repealed
Part 5 — Statutory Holidays
		44 Entitlement to statutory holiday
		45 Statutory holiday pay
		46 If employee is required to work on statutory holiday
		47 Repealed
		48 Substituting another day for a statutory holiday
		49 Repealed
Part 6 — Leaves and Jury Duty
		50 Pregnancy leave
		51 Parental leave
		52 Family responsibility leave
		52.1 Compassionate care leave
		52.2 Reservists' leave
		53 Bereavement leave
		54 Duties of employer
		55 Jury duty
		56 Employment deemed continuous while employee on leave or jury duty
Part 7 — Annual Vacation
		57 Entitlement to annual vacation
		58 Vacation pay
		59 Other payments or benefits do not affect vacation rights
		60 Common date for calculating vacation entitlement
		61 Repealed
Part 8 — Termination of Employment
		62 Definition
		63 Liability resulting from length of service
		64 Group terminations
		65 Exceptions
		66 Director may determine employment has been terminated
		67 Rules about notice
		68 Rules about payments
		69-70 Repealed
		71 Adjustment committee
Part 9 — Variances
		72 Application for variance
		73 Power to grant variance
Part 10 — Complaints, Investigations and Determinations
		74 Complaint and time limit
		75 If complainant requests identity be kept confidential
		76 Investigations
		77 Opportunity to respond
		78 Settlement agreements
		79 Determinations and consequences
		80 Limit on amount of wages required to be paid
		81 Notifying others of determination
		82 No other proceedings
		83 Employee not to be mistreated because of complaint or investigation
		84 Power to compel persons to answer questions and order disclosure
		84.1 Maintenance of order at hearings
		84.2 Contempt proceeding for uncooperative person
		84.3 Immunity protection
		85 Entry and inspection powers
		86 Power to reconsider
		86.1 No jurisdiction to determine constitutional question
		86.2 Director without jurisdiction to apply the Human Rights Code
Part 11 — Enforcement
		87 Lien for unpaid wages
		88 Payment of interest
		89 Demand on third party
		90 Failure to comply with demand
		91 Determination or order may be filed and enforced as judgment
		92 Seizure of assets
		93 Release of assets
		94 Wrongful removal of seized assets
		95 Associated employers
		96 Corporate officer's liability for unpaid wages
		97 Sale of business or assets
		98 Monetary penalties
		99 If money is paid to director
		100 Security to ensure compliance
		101 Publication of violators' names
		101.1 Searching of records
Part 12 — Employment Standards Tribunal
		102 Employment Standards Tribunal continued
		103 Application of Administrative Tribunals Act
		104 Chair may delegate authority
		105 Employees
		106 Organization of tribunal
		107-108 Repealed
		109 Other powers of tribunal
		110 Exclusive jurisdiction of tribunal
		111 Repealed
Part 13 — Appeals
		112 Appeal of director's determination
		113 Director's determination may be suspended
		114 After an appeal is requested
		115 Tribunal's orders
		116 Reconsideration of orders and decisions
Part 14 — General Provisions
		117 Director's power to delegate
		118 Right to sue preserved
		119 Extraprovincial certificates
		120 Warrant to carry out inspection powers
		121 Director cannot be required to give evidence in other proceedings
		122 Service of determinations, demands and notices
		123 Irregularities
		124 Limitation period
		125 Offences
		126 Evidence and burden of proof
		127 Power to make regulations
Part 15 — Transitional and Consequential Provisions
		128 Transition from former Act

Is this a unionized workplace? The union --that would be the first place to go I think.

[momof3heathens]

Thanks for digging up this info.

No Macdonalds. Manager is female. From what I've been told when she first promoted she'd be out back smoking like crazy and crying. I think she's just way in over her head without business management credentials.

[terry2144]

That's terrible. I'm sure the corporate office will not like hearing this. I hope your daughter makes a speedy recovery. What a heartless boss!

[frugal50]

what was the surgery for? appendicitis?

you have to supply proper medical documents, if you want to go forward with a formal complaint.

[Durham Couponer]

Call Worker's Comp ASAP.

[momof3heathens]

Overgrown cyst in her follopian tube. What was thought to be cyst removal off her ovary and 1/2 hr surgery turned into a 3 hr surgery to remove a cyst from and untangle her tube.

[momof3heathens]

Would workers comp be appropriate as she didn't actually hurt herself at work?

[Durham Couponer]

YesYesYesYes. She got sick at work and reported it. I haven't worked in BC in 15 years but from what I remember WCB is similar to ON WSIB and there are responsibilities and a process that the employer has to do. No one can lose their job from getting sick. I'm not an expert by any means, but it can't hurt to talk to the WCB.

[lizzie bargain]

That is just awful(as a former healthcare manager I am quite simply appalled)-she may also qualify for EI sick leave benefits. She may even qualify for longer EI if she reports her circumstances to them-you would have to look up the rules but there is some provision for quitting in certain intolerable circumstances I believe. I hope if anyone ever treats her that way again she just walks away or has somebody call you or 911. In fact surely the company has an emergency contact for every employee and should have been callling you immediately themselves! That manager needs to be reported, reprimanded and disciplined or fired. She also owes your daughter an apology and perhaps some financial compensation-perhaps you could have a free 1/2 hr consult with a labour lawyer! It seems that the manager almost saw herself as a doctor in deciding your daughter could not leave. Definitely report it to everyone and anyone you can-employment standards, the company etc. No job is worth that kind of abuse in my opnion!

[toban]

I'm sorry you're daughter had to go through this. The boss sounds so heartless! I agree with getting documentation, medical records from the hospital, calling workers compensation and report the manager to the corporate office, higher ups. I hope she has a speedy recovery

[walkonby]

what a nightmare! I am glad your DD finally got into the hospital for treatment. Going forward now with any claim from an employer will be her call, although sure sounds like there are grounds for some compensation. That manager may well have been in over her head, I feel for her as well.

[Horndogg]

I hope your daughter is ok now there are lots of better jobs out there anyways.

Happy New Years to your family in BC

[momof3heathens]

Thanks all.


Looking at her options.