is this legal?

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This topic contains 4 replies, has 4 voices, and was last updated by  Cynthia Pettit 9 months ago.

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  • #1272

    Jolo
    Participant

    I work for a care company in the private sector, last night I was cancelled from a job, so the sent me else where in stead. We usually get paid for cancellations, the SU is charged for loss of wages, but in this case there is no loss of wages as we were put on another job. I asked if we were paid the cancellation the supervisor said no as we were put elsewhere, I asked if the SU was still being charged for loss of wages, the response was why is this anything to do with you your still getting the same wage, and that they’re doing the new SU a favour giving them extra time, and there not gaining anything out of it, so I said oh so your not charging that SU for extra time then. I was told that she wasn’t discussing payments with me and its none of my business. so my question is it legal to charge a SU for loss of employee wages when there is no loss of wages and there payment is going straight to the business company’s bank account?

    #1357

    patrick
    Participant

    Hi @jolo, sorry for my ignorance but I was just wondering… what is an SU?

    #1364

    Jolo
    Participant

    Hi Patrick SU is our service users, the people we care for 🙂

    #1374

    CalCompanion
    Participant

    Hi Jolo,

    Yours is an excellent question — actually a series of questions — that raise several different issues.

    First, did your employer, the private care agency, have the right to reassign you to care for another of its clients rather than the one you expected to work for?

    The answer to that question is likely “yes.”  Absent an agreement to do otherwise (whether made with the individual employee or a union representing the employee) an employer generally has the ability — within reason — to direct the time, place and scope of the employee’s work.

    Does the employer have the obligation to share a cancellation fee with you?

    No, the employer does not, at least in the absence of an agreement with you or a union to do so.

    Does the employer have the right to charge a cancellation fee to the SU when it is not paying its employee the some or all of the cancellation fee?

    It’s hard to provide you with a definitive answer because we don’t know what its arrangements are with its client, or if its arrangement is with an insurance company or government agency.

    An employer does incur some expense when there is a last minute cancellation, such as the cost of notifying its employee, and as in your situation would have incurred the obligation to pay you a cancellation fee had it not found another assignment.

    Whether it can charge the SU or an insurer or government agency the full fee — or indeed any fee — in such a situation depends on its contractual arrangements with the SU, insurer, or governmental unit.

    – CalCompanion

    #3807

    Cynthia Pettit
    Participant

    <p>What is the situation now? Hope your confusion is solved till now! As per my opinion, it would be better if you have consulted a lawyer. They are the one who can guide us properly over these matters. Lawyers and their extra resources are very helpful and they may tell us the possible result of an action.</p>

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