[ZTWsquared]

(03-08-2011, 06:50 AM)Mystake Wrote: My old boss owes me money;

Cheques were issued and handed to me but never made it to the bank - at least not in my account.

This is dated from January 2010, so it's been a while.

It's gotten down to courts; I am filing paperwork against him.

My question is, how do I do it all? What will I need?

How do I prove I wasn't paid? I only have records of me being an employee and bank statements to show the money never made it in.

Is the burden of proof going to fall onto my employer?

Can I sue for court costs too? Who am I suing, him? the establishment? my former manager too? Do I start naming everyone in the law suit?


I've never done this before, I just know that there is a legal obligation to pay me. The story is this about two missing paycheques; I was issued them and received them. They are done by ADP, contracted by the establishment I worked for. Neither cheque made it our of my car's trunk in my possession, just my government one (I had 3 at once, two pay and 1 govt). This happened around the time I had my window tint done. Since then, every few months I try to call him and he says he'll call back and he never does. Today I finally cracked and threatened to sue him. I live in Ottawa, he lives in Oshawa so I am filing the paper work up here.

He tried to say that I would go down for perjury for taking an oath and claiming that he never paid me. He claims his obligation is to provide me with a cheque, nothing more and that the money was taken out of his account and now ADP, if not me, has it.

Advice?

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old boss says his pay company, ADP needs the cheque numbers to look them up.

That's hard for me to find out, I don't have them anymore - which is, in essence, the problem here lol.

Again, advice? I think we had someone here who works for ADP, no?

So the short story is that you rec'd the cheques but they were lost before you could deposit them - and your former employer claims that the cheques were to be paid out of an ADP account he already paid ADP.

If they were cashed, then that's a different problem and not necessarily your former employer's - he's right to the extent that, if the cheques were cashed, then he doesn't technically owe you the money.

If the cheques were not cashed (and they are now stale stated) you should in fact contact ADP and ask what process to follow for getting them replaced. You shouldn't need anything more than the dates of the cheques and the company you worked for.