The 22-year-old left the restaurant with an offer to work as a server later that week, on St. Patrick’s Day. After just one day at work, Hudspeth said, she did not return because she did not receive the compensation she owed. She is not alone in her complaints against the company. According to data from the Ontario Department of Labor received from CBC Hamilton, Hogtown Smoke’s have a historic debt to employees. Hudspeth said that before starting her job at Hogtown Smoke, she signed forms containing her bank details before completing her busy six- to seven-hour shift. “I served almost all the tables that night, six or seven of them,” Hudspeth told CBC Hamliton. However, he said, the house manager refused to give her any of the tips she won. Hudspeth showed CBC Hamilton a text from the director that read: “I’m not obliged to give you money for your first training shift. I thought I would share my advice with you because you did a good job … but because” I’re not going to I’m looking for a job, I also decided that I would keep my money, thank you anyway “. Danielle Hudspeth, 22, says she never received money to work her first and only shift at Hogtown Smoke on St. Patrick’s Day. The Ministry of Labor and the employment lawyers say that if it is true, it is illegal. (Bobby Christova / CBC) This experience prevented her from working there. Hudspeth said months had passed and she had not received her earnings from that afternoon shift. The BBQ chain has had many locations throughout the greater Toronto area, but Stoney Creek is the only one that remains open. CBC News conducted an interview with Scott Fraser, who according to his father, Laird Fraser, “leads [Hogtown Smoke’s] brand / concept with a local marketing company “, but Scott did not appear in the interview nor did he respond to many messages. Laird, the restaurant cashier according to his LinkedIn profile, blames the pandemic for financial issues. He told CBC News in an email Sunday that “Stoney Creek’s site is fully compliant with Ontario Employment Standards Act, including the Tips and Tips section.” He said “there are no outstanding claims we know of” at this site and all of its sites, past and present, are their own corporate entities. However, data from the county shows that, in previous locations, the company has a history of not paying people before 2020 and still owes over $ 35,000 in unpaid salaries, vacation pay, severance pay and tips. The Department of Labor and employment attorneys have expressed concern about the allegations made by Hudpseth and other former Hogtown Smoke employees. Employment lawyers in Hamilton also say this situation is becoming more common, but employees have ways to deal with non-payment.
A manager who does not know trainees is entitled to advice
Nicole Marley, who initially identified herself as a home manager but later said she was just a bartender, worked with Hudspeth that March day. Marley said she was not involved in payroll, but confirmed much of what the 22-year-old said about that St. Patrick’s shift. “I [compensated] I gave her a bunch of drinks σα I gave her a bunch of brisket to take with her home, but as for advice, she took all my tables. It was her coaching shift… I do not have to give [tips]Marley said in an interview. “She was taking money out of my pocket and I thought I was generous; I gave her my tables to train, to learn.” Marley admitted that at times while she was a bartender, Hantspet did some work on her own. Marley also said that in her 20 years in the service industry, she had never been told that trainees were entitled to tips. Hogtown Smoke cashier Laird Fraser said the business had multiple locations, but blamed the pandemic for shutting down all but one. (Bobby Christova / CBC) The Department of Labor said that under Ontario Employment Standards Act, employers generally can not withhold employee tips, make deductions on tips, or force them to return tips to the employer unless required by law or managed. a tip group (a collection of employee tips communicated to some or all employees). Ministry spokesman Harry Godfrey made a scathing comment after hearing about Hantspeth’s experience and said the ministry would investigate. “This employer’s behavior, if true, is completely unacceptable,” Godfrey said in an email in mid-April. “Any employee who believes that his employer is illegally withholding his wages or tips should contact our ministry so that we can investigate.” However, the ministry later said there was no active investigation because Hudspeth never made a formal complaint.
Former employee, salespeople express concerns
Neil Griffin, 42, was a server at the Hamilton site, where he said he worked for two months in late 2021. He said he was not paid on time and did not receive the appropriate amount. He also noted confusion about how landlords paid tips. “I got my watch [pay] but none of my advice. “ Griffin said he was eventually asked to quit his job after asking for his advice. He said his administration later returned some of the money, but never complained to the Ministry of Labor. Neil Griffin, 42, said during his two months at Hogtown Smoke, he was not paid on time or given the right amount and was confused about how the owners were paying the tips. (Bobby Christova / CBC) Laird Fraser said in an email that he could not comment on specific allegations made by his former employees on the advice of his lawyer, but added “as far as we know” no one has complained to the Department of Labor about wage issues at the Stoney Creek site. At least two vendors also accuse Hogtown of not paying them for their services over the years. Lynn Siegal, chief account manager for Hilite Fine Foods Inc., shared invoices with CBC Hamilton that appear to show that Hogtown Smoke owes $ 5,949.14 on one order in 2016 and two in early 2020, before the official announcement of the pandemic. The Hogtown Smoke locations served by Hilite Fine Foods were all located in Toronto and are now closed. “We dealt with them in many of their locations and it was always a nightmare, trying to get paid by them,” Siegal said. “It was a huge exhaustion of our staff resources to have to deal with every delivery.” Hogtown Smoke had many restaurants in the greater Toronto area, but now there is only one, in Hamilton. (Bobby Christova / CBC) Karen Gorter, owner of Brant County Firewood, said she supplied the Stoney Creek site with firewood late last year. He said he was paid for a shipment of timber in November. The following month, it delivered another shipment to Stoney Creek for $ 734.50, according to an invoice notified to CBC Hamilton. Gorter said she received a gift card on Christmas Eve from the company after asking for one to make up for the non-payment. “I was not really interested in paying at this point,” he said. But months have passed, and he is still waiting for the money despite sending a lot of messages to the administration (CBC has seen the messages). Laird Fraser did not respond to a request for comment, but blamed the closure and restrictions on the pandemic, despite the fact that some of the allegations came before the pandemic. “Any affected vendor is naturally encouraged to file a claim with the insolvency professionals handling these records,” he wrote in an email.
Hogtown Smoke owes over $ 35,000 as of April
According to the Ministry of Labor, the history of the company owing money to employees began before the pandemic. Summary employment claims from 2018 to 2020 show that the county ordered Hogtown Smoke to pay $ 19,911.83 for unpaid salaries, vacation pay, public holiday allowance and severance pay. The company paid for these claims: Four came from a location on Colbourne Street and one was from a location on Queen Street, all in Toronto. The company now owes even more money, according to four claims made since January 2020. The data show that the Hogtown Smoke owes $ 35,644.39 in unpaid salaries, vacation pay, severance pay and tips. A claim also includes money owed for a payroll deduction. The money is in the Ministry of Finance in receipts because they have not been paid. All four claims related to the former Toronto sites. CBC Hamilton received a letter from the Department of Labor regarding one of the outstanding claims. The letter states that former employee Jennifer Rundell said that since she started working for the restaurant chain in late 2019, “she was paid arrears almost every time” and “was never paid for tips”. “I was late in paying rent twice because of this,” she wrote in her complaint, adding that she was fired on March 16 due to the pandemic. In her case, Hogtown Smoke was ordered to pay $ 2,307.83 and the manager was ordered to pay $ 736.86 for unpaid salaries, unpaid tips and unpaid severance pay. “None of our sites in Toronto have survived the financial impact of the pandemic. Unfortunately, it’s so simple,” Fraser said, adding that unpaid rents have led landlords to terminate leases on some buildings and close sites. “The resulting claims are part of the insolvency proceedings handled by professionals.” Fraser noted that the delay in payment of claims is due to the fact that they must first be “crystallized”. “Insolvency professionals handling these records assure us that this is a common practice in this scenario, especially when business failure stems from an external source, such as a pandemic.”
The province may need better enforcement: lawyers
The Department of Labor said it could prosecute companies under the Provincial Offenses Act and require third parties to take action on assets, including bank accounts, assets or accounts receivable of an employer or company manager. Griffin said payment orders are not far enough. “I do not think these people should have a business … they should close.” Ned Nolan is an employment lawyer with Nolan, Ciarlo LLP in Hamilton and …
