Maya worked full-time at a bookstore in Toronto for five years,earning $20.00/hour, with health and dental benefits. Upon readingan advertisement for a full-time position as Store Manager atPaige’s Books, a popular chain with locations across the city ofBurnaby, BC, Maya decided to apply. The job advertisement listed anannual salary of $60,000, plus medical and dental benefits thatwould begin after completing the first 6 months of employment. Mayaapplied online, and after a successful Zoom interview, was hiredfor the job. The Human Resources Director, Geoff Beatty, told herthat she would be managing a staff of 12 cashiers and making hiringand budget-related decisions, starting June 1st. This informationwas confirmed in a written agreement Geoff sent her by e-mail. Shegave notice to her Toronto employers on May 1st and worked for twomore weeks until May 15th. She sold her apartment and many of herbelongings hired a moving company to ship her larger furniture andbelongings to Burnaby and drove West across the Rocky Mountains ina rental van with her dog and the rest of her possessions. Theprocess of moving took two weeks, during which she did not receiveany pay, and paid for her expenses out of pocket. Maya reported forwork at her new job on June 1st, ready to begin managing the staffand budget of the busy Metrotown branch, as described in herwritten contract. She met the owner, Paige Bookworm, whoimmediately handed Maya a uniform and told her to put it on and getbehind the cash register. Confused, Maya was told that the storewas short-staffed and needed an extra cashier for the day. Mayareluctantly put on the uniform, did her work as instructed, and atthe end of her shift, changed into her regular clothes and came tosee Paige in her office. She asked Paige when she would begin hermanagerial responsibilities. Paige stated that during theprobationary period, Maya would continue working as a cashier, andbe paid at minimum wage. If her work was satisfactory, and she gotalong well with the staff, she might start the management role andsalary at the end of the probationary period, but Paige would notgive any promises. Maya asked Paige about the information in thejob advertisement, interview, and written contract. Paige stated,“Well, I guess Geoff was a little unclear. That’s not my fault.Look, my hands are tied: We’re over budget for the next few months,and shorthanded since two cashiers just quit. We need you to workthe till for now, and we’ll see what happens after 6 months, okay?Maybe you’ll turn out to be management material, after all.” Mayathrew her uniform on the table and gave Paige her verbalresignation. Paige went into the office and returned a few minuteslater with a cheque for one full day’s wages at $14.60/hour, minus$50.00 for the cost of Maya’s uniform. Paige stated that because ofhealth regulations related to COVID-19, the uniform could not begiven to another employee and that Maya would have to bear the costherself. Maya walked out the door and came straight to your officewhere you practice employment law. She asks you whether she canbring a lawsuit against Paige because of the wrong information shewas given, and the losses she has experienced as a result. Does shehave a case?

Questions:

Has the employer committed a tort by wrongly describing theduties and salary to Maya? Please name and explain the meaning ofany torts that apply to this case.

Describe all of the financial losses Maya has suffered as aresult of accepting this contract. Consider her lost income,benefits, and other expenses. Which of these costs might Paige’sBooks be liable for?

Did Paige receive the current minimum wage for her one day ofwork, and was her employer allowed to deduct the cost of Maya’suniform from her pay?

Explain your answers to the questions above using theinformation from Working in BC (a guide to the ESA) and EmploymentLaw Video Lecture Video Lectures pt. 1 & 2.