Illegal work

[Pullox]

A few days ago, I started a claim to get my legitimately earned wages from my former boss. I was pressured to work while waiting for my work permit by my boss, saying that if I didn't go back he would hire someone else and terminate my employment. This happened for about a month and a half.
Since I made this claim through employment standards (wages claim) and my former boss did not like it, what could I do in the case of being now blackmailed by my boss regarding this illegal work? I'm a PR now and the abuse happened when I was a temporary worker still. Can that affect me in any way? I also have e-mails showing that I tried to wait until my permit arrived.

Thank you for your time and help.

 

[obs35]

A few days ago, I started a claim to get my legitimately earned wages from my former boss. I was pressured to work while waiting for my work permit by my boss, saying that if I didn't go back he would hire someone else and terminate my employment. This happened for about a month and a half.
Since I made this claim through employment standards (wages claim) and my former boss did not like it, what could I do in the case of being now blackmailed by my boss regarding this illegal work? I'm a PR now and the abuse happened when I was a temporary worker still. Can that affect me in any way? I also have e-mails showing that I tried to wait until my permit arrived.

Thank you for your time and help.

any why exactly did you try to claim your earned wages?...., have you ever heard of "let sleeping dogs lie" expression?
you can pack your bags if CIC finds out about this.

 

[Pullox]

because the wages he owes me were earned legally, and I have documents that prove it. It was only between this process that for fear of losing my job I accepted to work like this. The check was paid after I got my permit in full. :-[ I understand what you are trying to tell me, but why should I let this injustice pass? Are you sure they could revoke my PR? do you have any sources?

Thank you

 

[Pullox]

Besides I did not do it on purpose and knowingly, I was pressured and at the moment I understood that I had 90 days to get my new permit and everything would be ok. Could I really be deported in a case like this? Also I'm not trying to steal from my former boss, I'm trying to get back what he knowingly and maliciously took from me. Could an immigration officer understand this with proper documentation? Isn't there instead a fine I would pay for being a frightened and ignorant immigrant?

There is a big difference in breaking the law knowingly and breaking it for lack of knowledge.

Any help in this case will be truly appreciated.

 

[namaste]

From your first post, it DOES seem like you worked knowingly and on purpose and not for a lack of knowledge that you now claim in this post. In any case, your employer didn't coerce you into working illegally by threatening you. They simply said they will hire somebody else if you can't work, which is unfortunate but a reality for most people needing a permit to work. YOU had the ultimate choice of whether or not to work without a work permit. It's not like your employer threatened you with your life in case you didn't work. So, 1) your employer is guilty in letting you work without a permit and 2) YOU are also guilty of working without a permit.
So, I agree with Obs35 here. You simply cannot proceed with the case without putting yourself in some kind of danger. And, it's again your choice from there. Do you sooo want to get paid for your work that you are willing to put a record of unlawful work under your record?

Besides I did not do it on purpose and knowingly, I was pressured and at the moment I understood that I had 90 days to get my new permit and everything would be ok. Could I really be deported in a case like this? Also I'm not trying to steal from my former boss, I'm trying to get back what he knowingly and maliciously took from me. Could an immigration officer understand this with proper documentation? Isn't there instead a fine I would pay for being a frightened and ignorant immigrant?

There is a big difference in breaking the law knowingly and breaking it for lack of knowledge.

Any help in this case will be truly appreciated.

 

[namaste]

Here's an article that talks about issues close to your case.

http://www.cnmag.ca/issue-35/477-jobs-consequencesof-illegal-work-n00

I hope it will make you understand that there really is no WIN-only situation for you in this case.
One thing that might work in your favor is that if your employer reported that you worked illegally, then the employer will also be in trouble with canadian department of labour since it's also illegal for employer to offer employment to people without permits. So, both your employer and you will be in deep waters if it gets to CIC. You might even use this point to silence the employer.

 

[Pullox]

With all due respect namaste, but I never said I knew back then that I was doing something illegal. It is true, he did not threaten to kill me, he does not have to in order to create pressure, you have a point though. I honestly acted out of fear of losing my livelihood, many people would. When I told my former employer it was better to wait until my permit arrived. Then I called cic and asked if I was staying illegally in Canada if my permit expired, naturally since back then I didn't formulate my question properly, they said that I still had 90 days to renovate it and I still had a temporary resident status.

And no, if it means I have to leave my adoptive family behind, of course not. It is only the fact that we are in a country of laws, how can I be condemned so harshly as to be revoked of my PR for a greater abuse? I would understand if they fine me for being stupid and ignorant, even by the thousands, but not if I get every dream taken away for this month and a half.

You might also wander why is so hard for me to let my former employer's abuse to simply pass by. The answer is because I suffered years of abuse and theft and I did it to help my family and I know there is other immigrants like me suffering from this same abuse. People with families and needs, that came to improve their lives and cover a gap in workers that this great country has, just as I did.

Thanks again for your time

 

[Pullox]

You definitely made your point namaste, it even makes me shudder how a thing like this can happen in such a great country like this. We'll keep being humans I guess, no matter what. This workers I'm talking about have their permits, but the abuse is similar anyways.

Thank you and may this be a lesson to us all and at least we can treat others with respect and dignity no matter what.

 

[santaboleny]

If You work after your work permit expired,but you have your extension in process-that is NOT illegal work. i went trough the same situation. after your permit expired you into a so called implied status,which basically the same whatever status you had before,in this case a work permit.
the info is on cic website,unfortunately i cant share the link, it does not allow me to post my answer if i copy the link here....



hope that help,u should earn that money you worked for.
good luck

 

[santaboleny]

here is how you find the info. go cic website,click "work" then " extend your work permit" on the next page click again "extend your wp"

then on the page which comes up scroll down while you see the "top questions" part, second question is your answer...
i dont know why i cant post a link here....

 

[Pullox]

Finally a person that knows what he is talking about!!! Thank you santaboleny, you are awesome, you saved my evening!!! I thought I was . Immigrants fight for your rights if you are in a situation like me! I don't care if this bad employers are Canadians a thousand generations back! they are crooked bad Canadians, they are the ones that should pack and go to a corrupt nation like them. The following is what santaboleny refers to, it is from the cic website

I have applied for a new work permit. Can I stay in Canada if my work permit expires?

Yes. You can stay in Canada, and may be able to keep working, under what's called implied status. That means the law implies you are a temporary resident. The implied status lasts until Citizenship and Immigration Canada (CIC) decides on your new permit application. However, you must respect the following requirements:

If you applied for another work permit

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category.

If you applied for a different kind of permit

You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.

once again thank you. Long live Canada! down with bad employers!

 

[santaboleny]

i am glad i was able to help Pullox

since i cant put the link here i just used copy/paste from cic website...
i think this is what u meant,
again,the info from CIC website...


"Can I keep working if my permit expires? How do I prove this to my employer?
Yes, if you applied for a work permit extension before your work permit expired, you can keep working until a decision is made on your application.

You must stay in Canada and meet the conditions of your original work permit. For instance, if you have an employer-specific work permit, you must still work for the employer named on that permit.

CIC does not provide confirmation that you have implied status in Canada. However, you should keep proof that you submitted the application before your work permit expired. This includes copies of the application, the fee receipt, and something that confirms the date it was sent and delivered."


good luck with your employer, he deserves to go down...

 

[namaste]

Your work wasn't illegal after all! Do tell us your ex-employer's reaction when you break this news to him 8)

 

[Pullox]

oh I will, be sure of that 8)