Under Canadian employment law, employers are legally required to pay you for all hours worked. Whether you’re paid hourly, salary, commission, or even cash, your employer must pay you on time according to established pay periods. Failing to do so is illegal, and you have rights to recover unpaid wages.
Unpaid wages can include:
- Regular wages or salary
- Overtime pay
- Vacation pay
- Holiday pay
- Commissions and bonuses
- Severance or termination pay
Step 1: Document Everything
Before taking any legal action, build your evidence:
Keep records of:
- Pay stubs showing what you were paid (or should have been paid)
- Timesheets, punch cards, or work schedules
- Your employment contract or offer letter
- Text messages, emails, or written communications about pay
- Bank statements showing deposits (or lack thereof)
- A detailed written log of hours worked, dates, and tasks completed
The stronger your documentation, the easier it will be to prove your case. Keep contemporaneous records—meaning records made at the time you worked, not recreated from memory weeks later.
Step 2: Request Payment in Writing
Before escalating, put your request in writing:
- Send an email or letter to your employer clearly stating the amount owed
- Specify the dates and hours for which you weren’t paid
- Request a payment date
- Keep copies of all communications
Many employers will pay once they receive a written request, especially if they realize you’re building a paper trail. This written request also strengthens your case if you need to proceed legally.
Step 3: Understand Your Two Legal Options
If your employer refuses to pay after your written request, you have two main options in Canada—but you must choose one or the other. You cannot pursue both simultaneously:
Option A: File a Complaint with Your Labour Ministry (Recommended for Most Cases)
This is usually the simpler, faster, and less expensive route.
For Provincially Regulated Employees (Most Workers):
Filing with your provincial labour ministry is straightforward and doesn’t require a lawyer.
Ontario:
- File a claim with the Ministry of Labour within 2 years from when wages were owed
- The Ministry will investigate by speaking to both you and your employer
- No cost to file
- The Ministry can order your employer to pay what’s owed
- Contact: 1-800-531-5551 or file online
Option B: Sue in Court
If unpaid wages aren’t your only issue—for example, if you’re also dealing with wrongful dismissal, discrimination, harassment, or seeking damages beyond wages—you may need to sue in court.
Small Claims Court:
- For claims of $35,000 or less
- Fill out Form 7A (Plaintiff’s Claim) to start your case
- Simpler process, designed for self-represented litigants
- Lower legal costs
- Faster than Superior Court
Superior Court:
- Required for claims over $35,000
- More complex procedures
- You’ll likely need a lawyer to navigate this process
- Can take months or even years
Important: You cannot file both a court claim and an employment standards complaint for the same wages—you must choose one path
Pros of Court Action:
- Can combine multiple claims (unpaid wages, wrongful dismissal, discrimination)
- Potential for larger awards including damages
- May recover common law entitlements beyond statutory minimums
Cons:
- Lawsuits can take months or even years to resolve
- Expensive (legal fees, court costs)
- Emotionally stressful and time-consuming
- More complex procedural requirements
Step 4: Consider Getting Legal Help
While you don’t need a lawyer to file a labour ministry complaint, consulting with an employment lawyer can be valuable:
When to Get a Lawyer:
- Your unpaid wages exceed several thousand dollars
- You’re facing other employment issues (wrongful dismissal, discrimination)
- You’re considering court action
- Your employer is fighting the claim
- You’re unsure which path to take
Often, simply having an employment lawyer contact your employer is sufficient to motivate them to pay what’s owed
Many employment lawyers offer free initial consultations and some work on contingency (they only get paid if you win). If you have low income, you may qualify for free legal aid services.
Step 5: Act Quickly—Deadlines Matter
Every province and the federal system have strict time limits for filing claims:
- Ontario: 2 years
- British Columbia: 6 months
- Quebec: 1 year
- Federal: Varies by situation
Missing these deadlines can mean losing your right to recover your wages permanently. Don’t wait—start documenting and take action as soon as you realize you haven’t been paid.
What Happens Next?
If You File with the Labour Ministry:
- An officer reviews your complaint and confirms it’s valid
- The officer contacts your employer and requests payment
- If your employer refuses, the ministry investigates by collecting evidence from both parties
- The ministry may order your employer to pay, plus potentially interest
- If your employer still doesn’t pay, the government can take enforcement action
If You Sue in Court:
- You file a claim and serve it on your employer
- Your employer files a defense
- Both parties exchange evidence (called “discovery”)
- The court may order mediation
- If settlement fails, the case goes to trial
- A judge makes a final decision
What If Your Employer Retaliates?
It’s illegal for your employer to punish you for exercising your legal rights, such as making an employment standards claim, asking about your rights, or refusing to sign agreements that affect your rights
If your employer fires you, demotes you, or otherwise punishes you for seeking unpaid wages, you may have additional claims for reprisal or wrongful dismissal.
Special Situations
If Your Employer Goes Bankrupt: You may be able to claim unpaid wages through the federal Wage Earner Protection Program, which provides limited compensation when employers are bankrupt or in receivership.
If You’re a Temporary or Contract Worker: You can pursue claims against both your employer and the client company in certain situations
If You Were Paid Cash or Had a Verbal Agreement: You still have rights even without a written contract. Witness testimony, text messages, and your own detailed records can support your claim.
Key Takeaways
- You have legal rights to be paid for all work performed
- Document everything from day one—keep detailed records
- Request payment in writing before escalating
- Choose your path: Ministry complaint (easier, faster) or court (for complex cases)
- Act quickly: Time limits vary from 6 months to 2 years
- Consider legal advice: A lawyer can significantly improve your outcome
- Don’t let fear stop you: The law protects you from retaliation
If your employer isn’t paying you, don’t accept it. You worked hard for that money, and Canadian law is on your side. Take action to recover what you’re owed.
