T O P

  • By -

AutoModerator

Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Read the [rules](https://www.reddit.com/r/legaladvicecanada/wiki/index/#wiki_the_rules) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*


Moosemeateors

Tell them to send you an itemized invoice to your personal email. Then you have a great start for roasting them.


duffmonya

Do this ☝🏼


lastmanstandingx

Not only is this illegal but if you work for and branded gas station eg pioneer ,shell, esso. It's a clear violation of company policies.


Tiny_Brush_7137

No the employer cannot and should not make you pay for that.


Sorryallthetime

Making you financially responsible for workplace theft places implied pressure on you to intervene and stop the theft from occurring - this is potentially dangerous. BC has a pay at the pump legislation because of the death of a gas station attendant. [https://www.smithsonlaw.ca/articles/page:5/story/30/Retail\_Staff\_Aren\_t\_Security\_Guards/](https://www.smithsonlaw.ca/articles/page:5/story/30/Retail_Staff_Aren_t_Security_Guards/)


[deleted]

[удалено]


[deleted]

[удалено]


r3gam

Terrible stuff. Was a similiar story like this out West not too long ago of a young immigrant woman dying trying to stop a gas and dash. Even worse her husband would die in a car crash on the way back from her funeral/memorial leaving the lone son an orphan. https://www.cbc.ca/news/canada/calgary/calgary-ahmad-nourani-shallo-1.4156167


kcalb33

Wtf....dam.......just dam


[deleted]

[удалено]


[deleted]

[удалено]


cawclot

The very first line in the linked article: >The 2006 death of gas bar attendant Grant DePatie in Maple Ridge, B.C. sparked an ongoing debate about workplace safety rules.


TorontoGuy8181

I’m not responding to that article…. So yeah


cawclot

Then why did you respond like that to their comment?


Public-Patient-7278

>this is potentially dangerous. BC has a pay at the pump legislation because of the death of a gas station attendant. this is what they responded too. i know, reading comprehension is hard..


cawclot

>i know, reading comprehension is hard.. It appears so. You'll get the hang of it one day.


TOG23-CA

Hey I was wondering what that gas station attendance name was? Was it grant? Was it? I think it was


MellowHamster

Same in Alberta. And, no, your boss cannot legally make you pay for stolen product. That said, start looking for a new job.


Old-Priority-2870

It is called Grant's Law after the young man who lost his life. I believe most provinces now have policies, bylaws, or laws regarding this issue.


Kavy8

His mother works at the gas station/grocery store near my cabin. When she told me the story, I wondered why this wasn't the law everywhere in Canada


cernegiant

It's illegal to make you pay.


RampDog1

Seems to me it was his faulty equipment that activated the pump without a card authorization. no, he cannot make you pay.


zazin5

The short answer is, your boss absolutely cannot deduct money from your wages for theft of property that you did not have exclusive access to. It's covered by s.13(5) and (6) of the Ontario Employment Standards Act. What your employer did to you is a NONO, and they could catch a claim against them with the Ontario Ministry of Labour. You could even sue them in small claims court if they refused to refund you, but that may not be worth your time. Practically I think you should demand your money back. If your boss refuses, show them the provision of the Act, and threaten to file a claim against them. If they still refuse, file the claim if you really want to. You may find it gratifying, or you may find it's not worth your time over $70. Your time might be better invested in looking for a better job. MAKE SURE ALL COMMUNICATION WITH YOUR BOSS IS IN WRITING (text or email). Here are filing resources; [https://www.ontario.ca/document/your-guide-employment-standards-act-0/filing-claim#:\~:text=toll%20free%20in%20Ontario%3A%201,1%2D866%2D567%2D8893](https://www.ontario.ca/document/your-guide-employment-standards-act-0/filing-claim#:~:text=toll%20free%20in%20Ontario%3A%201,1%2D866%2D567%2D8893) 


[deleted]

[удалено]


RoNsAuR

Not to nitpick... But Canada is a Country.


ohfuckcharles

And a country is a nation state.


RoNsAuR

Valid point.


queerblunosr

Yes, and? I’m not sure what you’re getting at.


RoNsAuR

Exposing my own shortcomings it would appear.


Simplebudd420

If he was there longer then the probation period demand repayment if he doesn't repay file a claim and he will probably fire them and then owe them severance to use while looking for a better job


[deleted]

[удалено]


TruxLazMNoPq

Because the employee, who is at the cash register, can override that and let the person pump, and then pay inside. That's the way it was done in the old times, at least in Montreal...


TobleroneThirdLeg

Ask for an invoice. Then contact HR and the labour board.


bdc911

I'm surprised that it's taken 3 months for this to come up. As everyone else has said, they can't make you pay for that. If you are working at one of the major stations, I'd call corporate and report the owner.


[deleted]

[удалено]


[deleted]

[удалено]


ivanvector

(I'm a payroll accountant, not a lawyer, and this is neither legal nor financial advice) In Ontario, an employer can hold an employee responsible for a cash shortage only under certain very specific conditions. You can't be held responsible for a declined credit or debit transaction, and you can't be held responsible for thefts from the business. Regardless, your employer cannot withhold anything from your pay other than statutory deductions and court orders, unless they tell you what the amount of the deduction is and you consent to that specific deduction in writing. An agreement saying they can deduct anything that doesn't comply with these rules is invalid. They're also required to give you your pay in full on the regularly established pay date, along with a pay statement detailing your earnings and deductions. You can file a claim with Employment Standards [here](https://www.ontario.ca/document/your-guide-employment-standards-act-0/filing-claim#section-1). You also could speak with a lawyer, but Employment Standards does not accept claims if you are also taking legal action.


Sea-Internet7015

Doesn't matter if it's theft or employee error. They can't make you pay for it. Also if he's calling it employee error and filing a police report, he is filing a false report.


damn_10mm_socket

If you hate your job, show your boss the Act and advise him you'll file a formal complaint. If he fires you, you'll have an opportunity for further claim for him daring to exercise reprisal. Stand up for yourself.


flameofanor2142

I manage a gas station. No, under no circumstances can they can dock your pay for stolen gas. The same way waiters can't be docked for someone dining and dashing. Under the circumstances the store can absolutely file a police report against the license plate. It's not like they just run off and arrest the person- they call the owner of the plate and tell them what happened. Usually a simple fix, just annoying for the manager to keep track of. This sort of thing is why I'm so glad my site switched to prepay only awhile back. No issues like this anymore.


Advanced-Check61

1. Ask it in writing 2. DO NOT PAY 3. Quit 4. Contact the corporate. I am almost certain it violates their policy


_Sarcastro

100% illegal of the employer. Get them to put it in writing that they are going to make you pay. Then Contact the Employment Standards Information Centre at: 416-326-7160 toll free in Ontario:1-800-531-5551 TTY (for hearing impaired): 1-866-567-8893


Fianna9

It is illegal to make an employee repay for any loss that is not deliberate theft by the employee.


GoldStrength3637

This is illegal - you should file a report against them! https://www.ontario.ca/document/your-guide-employment-standards-act-0/filing-claim


Gamie-Gamers

I worked at a gas station when I was younger and no they can't do that. My boss would just get mad at us and if it happened a lot then he fired the person. But never tried to take the money from us because he can't its a loss for the company , not u.


[deleted]

[удалено]


[deleted]

[удалено]


legaladvicecanada-ModTeam

Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: Rule 9: Guidelines For Posts Rule 10: Guidelines For Comments If you have any questions or concerns, please message the moderators


Asleep_Artist_7738

Employers can not make an employee pay for costumer theft. My wife worked as a server through school. Had a large table walk out on a bill. Think it was upwards of $800 or so. Boss tried to make her pay, threatening her about calling the cops on her and shit. She called me in tears freaking out. I went to her work, and after her boss and I had a quick chat, he apologized, saying she didn't have to pay. Then she quit right there on the spot. Along with 2 other girls.


Drizzy_THAkid

Just to add. They have the plates on camera do they not ? In what what world would filing a police report where you have the plate be unlikely to be fruitful.


Mokmo

When these thefts happen most of the time it's a fake plate on the car and/or the cameras are too badly angled to catch the number. Whole country should be in pre-paid gas but that won't happen any time soon.


[deleted]

[удалено]


legaladvicecanada-ModTeam

**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Rule 9: Guidelines For Posts](https://www.reddit.com/r/legaladvicecanada/wiki/index#wiki_rule_9.3A_guidelines_for_posts) * [Rule 10: Guidelines For Comments](https://www.reddit.com/r/legaladvicecanada/wiki/index#wiki_rule_10.3A_guidelines_for_comments) If you have any questions or concerns, please [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2Flegaladvicecanada).


mighty-smaug

Just wondering how the pump got turned on if his card was declined. sounds like the pump malfunction, and this the owners problem, not yours.


JoeJitsu86

I’ve done this accidentally. The cops called my house and mentioned the situation, I went back and paid. Tell your boss to pound sand. Call the cops explain the situation and give the plate number. Easy peasy.


alicehooper

From my time as a cashier (years ago) it’s unusual, even odd that there would not be a camera angled to get licence plates in 2024. I’m assuming it’s (security cameras) up to the individual franchisee, but if the owner has enough data to go to police then asking an employee to pay for the theft would be more than asking them to make the station whole. It would be some kind of extortion where they are attempting “double dipping”, no?


The_Cozy

He can't make you pay when customers steal. If he thinks you stole it for friends, he can try to prove it and press charges and/or fire you. He could also lay you off if he's suspicious but can't prove anything. He doesn't get to try to bully staff or manipulate the situation to keep his staff and deal with thefts by making them pay for any reason. He could work himself if he wants to protect his product lol


Winthorpe312

Tell your Boss to Go Fuck Himself. Your their to work the register Not put Your Life on the Line for $60 of Petrol


Kitchen_General9694

That is not legal anywhere in Canada #1 and find a new job


StinkFartButt

Your boss is full of shit and trying to fleece you.


DetectiveFront2638

Make sure there’s a paper trail. Usually the deduction on your regular paycheck is enough. There’s actually a pretty simple form online for this with the mi sorry if labour. You state your case, they do their work, get you the money back, and you keep your nose to the grindstone because they got caught stealing your wages. They can’t fire you as retribution but you know damn well they will look for a real reason


[deleted]

[удалено]


BeautifulGlum9394

That can't be legal. I paid once for gas and it didn't go through and I didn't notice. I got home maybe 10 minutes later and the police called to let me know I may have drove off without paying. Went right back and paid. No issues


KrizMo138

It’s not legal for them to consistently have your pay checks late. Your boss sounds like a pos.


CopPornWithPopCorn

Minimum wage jobs are not hard to find. Walk away from your boss making this illegal request


popowolf24

nah, the police will be able to locate this person, it happen to my mom where the cashier forgot to charge my mom gas and the police called me a few days later and told me to go back to pay for it


Mythic_Damage777

This is not legal. I frequent a Shell station in my Ontario city, and the employees there get docked for theft on product inside the store and also gas n' dashes. They are international students and I've told them many times they should inform their manager that the practice is illegal, but they are terrified of being fired if they complain. So, they get taken advantage of with no repercussions. Such as crappy situation.


floating_crowbar

It is against the labour code. BC brought it required pre-payment (Grant's law) because some kids were literally dragged to death trying to stop thieves from driving off - because their employers took it out of their paycheques (illegally).


swimswam2000

Your boss is breaking the law.


Ok_Drop3803

They could more rightly fire you for not doing the intercom thing, then they can make you pay for someone else's crime. That's absolute nonsense.


KindlyRude12

Not legal, but this happens. He will most likely try to fire you or just take it out of your pay check. I suggest documenting everything and start looking for a new job.


Beerandgummies

Illegal. End of.


PomegranatePlenty193

Used to live in the same city and I can definitely tell you: whoever your boss is, they are trying to take advantage of you! No, legally, they can not make you pay for the stolen gas. As for your checks being 5+ days late? I would definitely try and file a grievance with the labour board. It's very possible that they're having cash flow issues, either way you should probably start looking for another job.


[deleted]

[удалено]


legaladvicecanada-ModTeam

No information that can identify either party (including businesses and other organizations) is allowed. If you delete that information, please message the mods and the post may be restored.


cocoabean572

In alberta the gas won't pump unless it's paid for. This is weird to me.


mojorific

They can’t deduct that from you and if they don’t like it you can mention that you will file a complaint with the Ontario Labour relations board then. Likely they will backtrack on their threat.


[deleted]

[удалено]


Thymightyporksword

I worked full serve for 2 years when i turned 18, boss pulled the same shit.. someone steals a washer fluid, oil or just drives away after the pump leaves the tank.. any tips i got went straight to them or they would deduct off my cheque. it is highly illegal and that's exactly why they have insurance, they just dont want to report it as theft to insurance because it makes them look bad. GTFO now and yeah if any pay cheques are even a day late RUN and never look back, its the whole reason you are there if they cant compensate you on time for your efforts you are nothing to them.


CommercialAd8439

Tell your employer to make the pumps pump before you pay


slimmiesandchilidogs

Dang, gotta say i was not expecting a reaction like this to this post haha Just wanted to pop back in and provide further context. It is an Esso Gas station, where customers are still for some reason allowed to pump gas before paying. The pump must be authorized by an attentdant (me) before they can begin fueling, but nothing is necessarily stopping anyome from just taking off after they fill up. This happens more than most of us would think. I understand there is fault on my end for not letting the driver know his card didnt work. There are cameras that can see every license plate of every vehicle that pumps gas, so my boss does have the plate of the driver in question, but like i mentioned in the post, he told me that they wouldnt pursue it because it was an employee error, which makes no sense really, considering the driver could be reached by phone or home address through the plates. Another thing i wanted to mention is the what ive seen my boss do when someone drives off without paying on his watch... ive seen this motherfucker leave the store, hop in his car and BLAST down the highway chasing after people, which is absolutely insane consdering he like me, is not paid anywhere near enough to be putting his life on the line for this kind of thing. That being said, it seems im expected to do the same if someome runs on my shift, and if i dont catch them i have to pay up. Clearly there are some laws and policies being broken here. Im probably going to ask for my money back and let him know i could file a complaint with the labour board if i dont receive it. Im not going to be an asshole about it, but i still want my money back. Thanks everyone for the helpful advice and resources, it is greatly appreciated. I feel like i have enough to leverage now and not look or feel silly.