A little back story in the situation.
My employer took all shifts away because i was 10 minutes late to my shift (i have proof it was only 10 minutes) and because I refused to continue paying into an illegal tip out fund going directly to my boss. He has told everyone in a staff meeting he uses this money to cover losses and clean his restaurant. This is highly illegal and just wrong, so I refused to continue to pay into it.
I have contacted the labour board in regards to this issue and any more including unpaid work hours(15 minute early rule) harassment, improper / no training, and reprisal against me for enforcing the health and safety standards be followed at my place of work. He has been contacted as well.
I was missing 3 hours of pay for a shift I showed up 10 minutes late for and was instructed to go home as soon as I got there. In order to prove my shifts being reduced to 0 for 2 weeks and that i was not paid for those 3 hours, I went into work yesterday to take pictures of the schedule.
1 hour after, I received this text message from my employer.
This is how he fired me. Before this message, i was still legally employed there.
“As for march 11th you were a no call no show being that you were 50mins late for your shift. I had to fill that shift with another server. there for you are not entitled to any money for that day. If you disagree with that feel free to take it up with the labour board.
As of this week you are no longer employed here and have no reason to be here. Please do not enter this building again. If there is something you need email me and we can arrange a meeting. As for the photos taken of the schedule that is completely unlawful and I will be looking into pursuing criminal charges against you. That being said please do not contact me or message on this line anymore. Any other contact can be done through email or labour board. ”
My question is…. can he legally charge me for taking pictures of the schedule?
I do not believe he has any legitimate reason to charge me. The way I see it he is just trying to intimidate me.
2nd question:
Is threatening to criminally charge someone (or an employee) considered extortion?
Any advice would be helpful!
Thank you in advance