BC Termination Law & Overtime Question?

I am currently going through a bit of trouble with my employer.

I am doing my carpentry apprenticeship I moved me and my family far away from my home town since there was no work. I moved here to get my techincal training in carpentry.

We came here bought a house intended to stay, but it became too hard for my wife, who came here with a 2 yr old and 3 month old. So after being here for a year I went to my employer and told him that I need to move for family reasons, due to lack of family support. They then convinced me to stay around and at least get my techinical training done. I mentioned to them that I would try to take my 3rd and 4th year back to back from Sept- Jan. At the time they were okay with this.

So a year goes by, and I go into 3rd and while in 3rd year I found out that I was accepted into 4th in Novemeber. back to back, so I went to my employer 2 weeks prior to 4th year starting and mentioned I got into 4th year. They said that i could not go. So i also knew that I could get into Jan so I asked them if I could go to Jan 4th year then a month and a bit after the Nov course. The course I had mentioned I would try to take a year ago.
Employer said no. So I ask so when would you allow me to go. They said that I have to fulfill 4 full year of work in order to take my 4th year classes. Which was not what they told me a year ago when I tried to Resign.

So I again explained to them that my wife would not last another year extremely far away from her support system. And told them that they knew about this and were okay with me going when I mentioned it before,. They then all of a sudden said they have a company policy to not allow employees to go back to back. This company policy did not exisit conviently when they so kindly seemed to want to just allow me to get my apprenticeship done. I never signed any contracts, and had a verbal agreement them knowing we needed to move. I also have more than my required hours to take my provincal.

So I said I would have to follow through with my plans and go to school. They at which said that they could not HOLD my job and would have to replace me.

So 4th year came I went, a week into I phone EI since I am in school to find out that my claim had been closed cause me employer sent in a ROE saying that I quit. At which I told EI office that I did not quit and did hopefully plan to work a little after school if they still had a position avaliable for me while I set up plans to move for work elsewhere.
So EI office got incontact with my company and then they put me down as Fired. Although to this day my employer said he didnt persay fire me????

So now I am not getting any income while in school or after while I am trying to set up work and move for work. I have a family of 4 HAD a verbal agreement with my employers that they turned their back on, and they made sure to get my claim messed with.

Also on a side note this whole time employeed with them they have never once paid overtime even though many days Ive worked over 8hours. And over the max regular hours per pay check.
They do pay travel time since some of the time I have to drive a hour to get to job site. But even on days that I did not have to drive out of town, I do not get overtime. is this legal?

Thank You and help is appericated. By the way my wife has Dr’s files showing that she has been on antidepressants and axienty med’s due to situational depression. I really had no choice but to do this, and had every reason to think my bosses were backing me. As I was friends with them outside of work before all this.

Thanks.
I guess some people would rather answer questions with very little information. I could go around answering mindless questions without any thought myself…but Id rather have more info to go on.

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One Response to BC Termination Law & Overtime Question?

  1. CW says:

    I’m sorry, but if you’re question is that long, no one will read it. I didn’t, I’m too busy.

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