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Allstate employee bonuses class action lawsuit overview:
- Who: The Ontario Superior Court of Justice certified a class action lawsuit originally filed by Sung Taek Lee against Allstate Insurance Company of Canada.
- Why: Lee claims Allstate failed to correctly calculate certain bonus payments into its workers’ wages and related vacation and public holiday pay.
- Where: The class action lawsuit was filed in the Ontario Superior Court of Justice.
The Ontario Superior Court of Justice has certified a class action lawsuit alleging Allstate Insurance Company of Canada employees in Ontario did not receive vacation and public holiday pay related to certain bonuses.
Plaintiff Sung Taek Lee first claimed more than two years ago that Allstate failed to include certain bonus payments when it was calculating its employees wages and “related vacation and public holiday pay obligations.”
Lee, who was previously given 60 days to revise and focus his class action lawsuit, has since narrowed the complaint to exclude his initial overtime claim and change it so that it to only represent Ontario-based Allstate employees.
Additionally, Lee has requested that he be replaced as the plaintiff representative by Jody Delorme, according to court documents.
Pair of Allstate bonus plans defined as wages by Employment Standards Act, says class action
The now-certified class action lawsuit aims to represent a class of Allstate Insurance Agency workers who sell or support the sale of home and auto insurance, and a class of all other Allstate employees, including higher level executives and human resource officials, among others.
Lee argues that a pair of bonus plans— including the Agency Performance Bonus and Annual Incentive Plan—offered by Allstate are defined as wages by the Employment Standards Act (ESA) and must, therefore, be “considered in the employer’s calculation of vacation and public holiday pay.”
Allstate, meanwhile, has argued that the bonuses in question are not wages and is “adamant” that it is in compliance with all ESA requirements, according to court documents.
The class action lawsuit was originally filed against Allstate in May 2020 and requested a total of $80 million in compensation.
Have you been shortchanged by your employer on overtime pay? Let us know in the comments!
The plaintiff is represented by Andrew H. Monkhouse, Alexandra Monkhouse, and Rashida Darrell.
The Allstate employee bonuses class action lawsuit is Lee, et al. v. Allstate Insurance Company of Canada, Case No. CV-20-641242-CP, in the Ontario Superior Court of Justice.
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One thought on Allstate class action alleges company failed to pay employees entitled bonuses
My name is Nghi Huynh I have work for DoorDash almost 2 years now I have 4600 order under my belt at first I thought it out DoorDash was paying OK before they did pay for the kilometre and we do get 100% tips that was before until you told us they’ll be sending DoorDash support team from the states to take over in Canada. I thought it was gonna be better but actually worse, they worked out this clever idea that they’re going to pay less because they’re using peoples generous tips and added onto the Dasher pay. There’s been lots of orders that they’ve been doing this for example 17 km and if the customer tipped nine dollars they only pay eight dollars they won’t even let go one dollar tip. They still use it towards the Dasher pay , so the more people would tip generously to take a vantage of those customers for 17 km are used to pay like $16-$17 and we get to keep 100% tips but now if I get 17 km and if the customer tips nine dollars, they will only pay eight dollars it’s a big difference when I start it out the customer tips was really good but now since they take the Customertip and add to their DoorDash pay which is like $3dollars or $4 etc. For example, the more customer tip the last door dasher has to pay so in the words they are evading Tax from the cra it’s like they’re saying the customer did not tip at all that’s because the using the tip every time I call DoorDash support team they keep denying it denying it and try to explain ridiculous. Paid model at work for them 4600 orders already mythic before when I first started out I put in $20 of gas I make about $120-$140, that’s in a four hour shift and now I put in $20 of gas I only made about $55-$60 in four hours if I divide that by four minus the $20 gas if it’s $55 in four hours then it comes up to $5.25 per hour and if it’s $60 it comes up to two like eight dollars an hour that’s from an four hour shift the pain way under than the minimum wage. The reason I’m still working for them is is that I’m trying to hang on, so they still have my account on file in case I do find a class action suit will accept my complaint. I also have the Doordashes red card. The record is like a credit card that you shop for stuff and use it to pay for the customer. And it’s happening all over and over again and again and I’m not sure if I should talk to a legal aid, lawyer, or some kind of lawyer that would take this kind of case because they have the power to investigate and go through my account with DoorDash they will for sure know that. How much day been taking from me and the customer I remember a year or your half ago. There was a nice lady she ordered for her kids from McDonald’s. I think total came up to $17 and she show me her app it says DoorDash charge $2.99 fee and applicable tax. She show me her app order was like $17 after all those fees and text it comes up to double what her original total amount . I have this order one time when I went to the customers house I happen to see on my ass this is -$17.40 or -$17.30 so I asked the customer sir do you know what this is us know so I’m just curious I asked Siri how much do you tip me he says $23.40 or $23.30 still want to complete the order which was a $12 order that’s what DoorDash assigned me and when I can press complete order daughter says they pay $6 and the customer tip$6 and I was curious I asked the customer he told me he tipped me $23.30 or $23.40. It’s one of those two I swear to you I guess I just got lucky when I saw that app which door dash support forgot to take it off the laptop or computer screen. That’s why I saw that -$17.30 for $17.40. That’s when I knew they been taking the customers tip and saying that. And say the customer actually tipped less which is not true I believe the customer right away when I figured out when I saw that -$17.40 and the customer said he tipped me $23.40 So I did easy math DoorDash say that they pay six dollars and the customer to six dollars which is not true I believe the customer right away is pretty rare that customers don’t tip almost all of them tip some tips $3 s$5 and some tip$15 and they only say the customer tips only partial of it. And the qualification for top dash of the month the percentage do you need to qualify everything to qualify but this year they need 95% completion rate which I had 94% completed and when I accept another to order all the sudden it went down to 92% and it keeps going up 1% or 2% and then it goes down 2% and then up 1% is like the apps been rigged. I complain to them so many times and they keep denying it and pretend that to explain how the percentage work ago I’m sorry, but I know how the percentage work I work for you guys for thousand and 4600 orders already I should know. everything about it by now they keep denying denying denying and giving false advertisement on the customers app. If the more customer tips the less DoorDash pays for example 8 km at the tip is five dollars they only pay three dollars so anywhere is the saying that the customers don’t tip anything that’s because they add the customers tip and the dash pay to make up the kilometres so please help me how to file for this lawsuit because I know if I file for the lawsuit, the lawyer who represents can subpoena my DoorDash account and go through it and see. I so despise them. I don’t know what to do now I just want justice. No they’re forcing you to except the orders. Otherwise, your percentage will go down, it’s so ridiculous sometime to give me four dollars for 16 km. How can I make any money off that order impossible, so what I’m doing to fight back is that if I get any contact with a customer I tell them everything about it what they doing with the Customertip and what they’re taking from us drivers. I told the customer I rather you not tip on the app because all you do is helping them pay for the kilometres because if you don’t tip on the app they say 10 km to pay the Dasher delivery guy $10 but if you tip five dollars DoorDash only pays five so please don’t get on the app but if you want to check on the app please tip us drivers when we arrive at your house $2 or $4 will be so happy. That way we know we get 100% tip and that way DoorDash has to pay for the kilometre in order to get their customers food out. I told her to load a customer they were maze they were discussed to buy it most of them say oh I’m sorry I don’t have any cash on me right now, but next time I want it on the app and I was just tipped you guys when you get here and I said thank you ma’am, or sir I really appreciate that. What do you doing? It’s like taking money from a church charity box how low can you go, especially their billion dollar industry. I mean like most people go to the restaurant eat they always tip the waitress, it’s the same thing with us. We’re like waitress we give them up day. We’re polite to them, but yet they still still owe tips. We depend on the Tips not DoorDash pay did barely pay for car insurance gas and phone data. I took lots of pictures as proof and I compare them every day and the proof is all there but they’ll be more proof of their deceiving as the driver because they think we’re some people just came to Canada. Sorry but they were wrong I live in Canada, because most of my life I came to Canada when I was eight years old I know all the laws in laws. In this case I don’t know how to proceed with it because they’re taking a vantage of the COVID-19. No contact that’s why they take a vantage of the customer and us before we have to knock at the door and the customer, the food we get direct contact and talk to them that’s why they don’t mess with out tips but now since there’s no contact put on some say that they want to deliver ham handed to them that’s gonna tell them what is going on with her tip and I told him please don’t tip on the app because we don’t really get 100% tip anymore, what they’re saying on your app it is all parts of deceiving and lies. Most of the customer does know about this until I told him so love him said I want it on the app anymore. How many tips you guys when you arrive I said thank you so much and really meant a lot to us driver because we depend on the tips in order to make any money.