Dear Joanna,
My current employer has not paid me for two months. I’ve emailed him my invoice for the month including several follow-up phone calls and meetings. He always has an excuse as to why he cannot pay me. There is no question that I am doing a great job and have accomplished a tremendous amount for his company within this time period. I have been paid once since I started three months ago.
What do I do? I like my job and would really hate to quit, especially since it is very hard to get another job in my field.
Signed: Late Payer
Dear Late,
Miriam Anbar, a legal expert on employment issues from the leading firm Rodney Employment Law, warns employers who are withholding wages to watch out! Anbar offers the following guidelines below and she emphasizes that each case is unique and individuals should consult with an employment lawyer to ensure that they are fully protected.
1.Know the law.
The law in Ontario is very straightforward when it comes to withholding an employee’s wages. Employers are prohibited from withholding an employee’s wages, deducting from an employee’s wages or causing an employee to return his or her wages to the employer according to the Ontario Employment Standards Act (ESA), which sets out the minimum standards that employers and employees must follow in the workplace. Employers may only legally withhold or deduct an employee’s wages in situations where the deductions are authorized by law, by a court order, or by the employee in writing (subject to certain restrictions and conditions).
2.Establish a regular pay period.
Before you sign a job offer or accept a position, make sure the employer has established a regular pay period and a regular payday for their employees. All the wages earned in each pay period, other than vacation pay that is accruing, must be paid to the employee no later than their regular payday for the period. This is another law that is obligatory through the ESA and protects the employee whether or not you have a contract.
3. Know your rights.
It is in the best interest of employees to become familiar with their rights and protections under the ESA to ensure that they are treated fairly. Employers would also be well served to comply with their obligations under the ESA, so to avoid trouble with employees and any potential orders or fines from the Ministry of Labour.
4. Keep records.
Put as much of the communications with your manager in writing, especially regarding the payment or lack of it. Stay away from informal verbal conversations. You should document when you are being paid and your employer’s reaction to the delay in paying you; the more records you have to support your claim, the better. The employer has a legal obligation to pay you for your work. Although you may be concerned about losing your job, you may want to anonymously consult with the Ministry of Labour’s Employment Standards Information Centre (tel 1-800-531-5551) on the issue.
5. Escalate it, if you have to.
Depending on the amount owed to you, the period of time that it is outstanding and the complexity of your workplace situation, you may wish to consult with an employment lawyer for sound legal advice, or contact the Ministry of Labour for some direction. You can discuss your situation in confidence and anonymously to find out what your options are before taking matters into the legal world.
6. Be prepared for the possibility of being fired.
If your employer fires you, they still owe you your outstanding wages. According to the ESA, your salary must be paid within seven days from your last day at work. Also, you may also have grounds for a case of constructive dismissal if you feel you have no choice but to quit as a result of the workplace environment.
7. Look for another job and decent employer!
Did you know JVS Toronto clients get free job search support and employment coaching? We help you find and keep a job that matches your personality, education, and professional experience.
Click here to find out how we work with you to get a paying job with a reliable employer.
If you’re looking to change careers but don’t know where to start, we also offer affordable Career Exploration services that identifies jobs that will make you happy and fulfilled.
lucia ignat says
Dear Joanna
Since I’ve started working,my employer hasn’t paid me until now and I finished two month with him. When I asked him,he said that my papers hadn’t arrived(the confirmation of my position)and he can’t pay me until. As I said I finished two month and I didn’t sign any contract.He said that my payment will start once my papers will arrive. My question is if I would go and complain to the authorities, could they do something because my job is inside of an embassy?
Thank you
Ian Barnard says
Hi Lucia,
I would recommend visiting the Ministry of Labour website and finding more information.
http://www.labour.gov.on.ca/english/es/pubs/factsheets/fs_general.php
If you are covered by the Employment Standards Act (most people are), you have certain rights that are legally binding.
Use the following link to contact the Ministry of Labour, they will be able to answer your questions more accurately: http://www.labour.gov.on.ca/english/feedback/index.php
Marina Golovanevsky says
Hello Joanna,
My employer lawyer didn’t pay me an outstanding salary for 1 week, vacation pay, and 2 weeks of pay I was entitled to, and it has been more than 7 days since my employment ended. I had to give him a notice of leaving since the atmosphere at the workplace became intolerable. He was screaming at me and made me to use my car for work purposes without compensating me. He moved me without any reason or explanation from Legal Assistant to Receptionist front desk position without ever discussing it with me. Do I have grounds for constructive dismissal here? Thank you! Marina
Karin Lewis says
Hi Marina,
Thank you for your comment and for sharing your stressful employment situation. I cannot imagine how hard this is for you and JVS recommends the following excellent resources in the community that can provide you with the information and advice that you require, as this is not our area of expertise:
– Worker’s Action Centre Workers’ Rights Info Line at (416) 531-0778 for support with workplace issues
– Info about your legal rights: Your Rights at Work: http://www.cleo.on.ca/en/publications/rightswrk
The Toronto Workers’ Health & Safety Legal Clinic (funded by LEGAL AID ONTARIO) might be able to provide free information, legal advice and representation http://www.workers-safety.cahttp://www.workers-safety.ca
I wish you much success and strength with resolving this difficult situation.
Signed: Joanna
Marc David says
Hello Joanna,
I recently quit my job because work place was causing me to get too depressed. But my employer has not paid me in a seven day period after my leaving or the following pay period, the employer said i wasn’t paid because i didn’t bring back my uniform and that there is paperwork that takes a long time to process. Is he breaking the law? what are my options?
luis says
My girlfriend just started a job, and on the second day she found out from colleagues that the company keeps 6 weeks pay in and then pays every 15 days. Is this legal????
Samantha Marcolin says
Dear Joanna,
My work has it it so we get paid every other saturday via a check. I know that in Ontario employers are required to establish a regular pay period and regular payday. But since we don’t get our checks until 6 pm or the end of our shift which is earlier I can’t deposit until Monday or there is a hold on most of it until about Tuesday. Is this within the standards.
Jim says
I’ve worked for a company for 5 years. 2 of those 5 I was an employee, with an employment contract. On the 3rd year of my employment, I was told I was going to be classified as an independent contract worker. There was no new contract signed (however they did have employee’s sign a piece of paper). The only change in my employment from the two designations is the amount I get paid. Job title, role, expectations, etc are all the same. I do not get deductions taken off my check and I do not get vacation pay anymore.
My ignorance and my fault – but I did not understand what any of this meant (other than a fatter check). I did not realize I had to pay taxes and have not for years. This will obviously create problems for me w/ revenue canada.
Fast forward to today – I have been having issues with payment of services. My employer has continuously been late with pay for the last few months. There is no consistency in lateness – sometimes 1 day, sometimes a week. Most recently upon requesting my paycheque (I was away – payday was on the 5th and 11th and I reached out to collect my checks on the 11th) I was told that my payday had changed and I would not be paid until the 18th.
Clearly an exit strategy is necessary. If I file a claim with the labour board, considering the organisation considers me a contract worker (which I am not by the definition) for early termination (I believe that’s the jargon used) due to non payment, would they consider my claim?
Should i even consider filing a claim seeing as how I have not paid my taxes – would this put me in even deeper water w/ revenue Canada … should I just quit and call it a loss?