Is seek of legal advice

I was let go Nov 6th, 2024. I was told I would get a severnce package upon signing the termination agreement, which was to include any sales comp for deals made prior my termination that processes after my termination.
I made significant deals, so I signed Nov 7th, 2024.
The amount owed to me was held until March 31st, 2026.
Avaya tells me its not thier problem because they terminate the HR Employee handling my file shortly after they terminated me, so they had no record I signed.
Many of you here saw that email from Avaya HR, as I posted it here on this site.

The Layoff removed that post without my concent. I would like to know why?

In any case, the laws in my Country are clear. It is not legal for an employer to withhold payment legally owed to an employee, if witheld, the employer is requied to pay daily interest for on the amount owed.

Since I signed in November of 2024, I am legally entitled to interst daily from November 7th, 2024 to March 31st 2026.
The layoff may be liable for interference in this matter.

Avaya has stated in an email to me, that it is not thier policy to pay this interest.

I have advised them that they are legally obligated to pay it. Kindly asked them to reconsider.

Seeking legal advice.

#Question

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7 replies (most recent on top)

@z3 a what? It’s 2026.

I couldnt imagine working for avaya without being under a union contract. Good luck to you

If you're posting to a site like this for legal advice, then you are way in over your head. Hire an Attorney that's not named Saul or Bruiser Stone.

Your case WILL NOT BE IMPACTED by posting publicly and don't let anyone scare you to believe that. In fact, your visibility helps your case.

It is black and white ILLEGAL to withhold pay, especially when Avaya openly admitted they F'd up and fired the HR person who was responsible for their paperwork.

Work with the Canadian authorities to initiate the process. The regulations are in place where you most likely will not need an attorney. Avaya will have the opportunity to fix their error and move on. If they don't the regulatory authorities will take action, fine them additional money and secure you a settlement.

Start there. Don't bother with an attorney ..YET. But keep speaking up.

@OP try asking in a legal forum, you’ll likely get better advice than here. You could share just the main facts, leave out specifics like naming the parties involved, and ask whether posting publicly could help or hurt your case. A few years back, my sister’s lawyer advised her to stay off social media until her case was settled to avoid issues like defamation. It was a different matter, so it might not apply - but better safe than sorry.

Steps to Take When Your Employer Owes You Payroll:
Document Everything: Gather pay stubs, employment contracts, time sheets, and any written communication regarding missing wages.
File a Claim:
Federal/Provincial: File a Wage Recovery Complaint with the federal Labour Program or your provincial equivalent (e.g., Ontario Ministry of Labour, BC Employment Standards Branch, or CNESST in Quebec).
Deadline: Generally, you have up to two years to file a complaint, though it varies by jurisdiction.
Enforcement Actions:
If the claim is founded, the government will ask for voluntary payment.
If payment is not made, they can issue orders to pay, and potentially seize bank accounts or place liens on property.
Directors of corporations can sometimes be held personally liable for unpaid wages (up to 6 months) if the company cannot pay.

In the states its similar though you end up needing either a lawyer to get involved or the layer of government that made it a law.

Thread regarding Avaya layoffs

Is seek of legal advice

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