When your employer is unfair

[marikotter]

Hi everyone,

My husband's employer stopped paying him, after lying several times and giving him a cheque that was bounced. We are currently still waiting for $5000 from him.

As we are in the middle of a private war with him, it would be weird to ask him for the letter of reference at this point. The thing is that my husband worked for him for 5 months, which is exactly what he had left to reach the 1 year experience to be eligible for Express Entry. Our current status will expire in September 2018, so we'd obviously like to put our profiles in the pool by the end of January.

Do you think that if we show them the pay stubs, the T4, the claim we have sent and write a letter of explanation, it will be enough to prove the work experience?

Thank you in advance for your time and be careful out there.

 

[canuck78]

You should contact the ministry of labour if you aren't getting paid and you are worried that you won't get repaid in the near future. I can understand if your employer himself as waiting to be paid for a big contract and it was a temporary delay and then you would be paid in full but this sounds like a consistent problem.

 

[jes_ON]

Hi everyone,
Our current status will expire in September 2018, so we'd obviously like to put our profiles in the pool by the end of January.
First - No need to put that kind of time pressure on yourself. As long as you get a complete application submitted before your permits expire, you will be eligible to apply for "bridging open work permits" -
https://www.canada.ca/en/immigratio.../extend-permit/bridging-open-work-permit.html

Do you think that if we show them the pay stubs, the T4, the claim we have sent and write a letter of explanation, it will be enough to prove the work experience?
"The claim we have sent" - not sure what you mean by that? Have you filed a case with the Ministry of Labour? A law suit?

Generally you have good documentation, but the main thing that is missing is proof of job duties/responsibilities (so that IRCC can determine his NOC and whether or not the experience is classified as "skilled") - so in addition, some kind of documentation of the duties/responsibilities would be required. A written job description, contract, a letter from a colleague or client....

Is he still working for this person? If/when your husband quits or is terminated, the employer is also required to submit a record of employment to Service Canada, and either provide a copy to your husband, or if it is filed electronically, you can download that from the Service Canada website. This is also good to have...