Employer Failure to Pay

It is illegal for an employer to withhold wages and to not pay you according to your contract or per the regular pay day or pay period. You do have the option of contacting the Employment Standards Office who will investigate your complaint. If your employment ended, the employer must pay all outstanding wages including vacation pay. If your employer fails to pay, the steps you take are dependent on whether the employer is provincially or federally regulated.

If provincially regulated, then you must make a written Request for Payment to your employer who has 15-days to respond. If your employer refuses or fails to respond, you may file a complaint with the Employment Standards Branch within 6-months of when your employer was obligated to pay you. If you do file the complaint, the Employment Standards Branch may have you go to mediation for resolution. If it is not resolved, it will go to an adjudicator to render a determination. You have further redress if you are not satisfied with the determination by appealing to the Employment Standards Tribunal for a reconsideration.

If federally regulated, you can file a complaint that a Labour Program inspector will review and make a ruling. If you are dissatisfied with the findings, you may ask for a review by the Minister of Labour within 15-days after notice was served. If not satisfied with the review, you can appeal to a referee.

Consult with an experienced Toronto Employment lawyer from Affinity Law if you are experiencing issues with your employer’s failure to pay. We can help file a complaint or take the matter to court under certain circumstances.

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