How do I recover unpaid wages in Canada?
You have two main options. You can file a complaint with your provincial employment standards branch, which is free and investigates on your behalf, or you can sue for breach of contract in court or small claims. Employment standards is simpler and cheaper; a civil claim may allow you to recover a longer period of unpaid wages and additional damages.
What counts as wages for an unpaid wages claim?
Wages typically include regular pay, overtime pay, public (statutory) holiday pay, vacation pay, and earned commissions. Depending on the province, they may also include certain bonuses and premiums. Tips and gratuities and discretionary bonuses are treated differently. Keep pay stubs, time records, and your employment agreement.
How far back can I claim unpaid wages?
Under most provincial employment standards laws, you can recover unpaid wages going back roughly six months to two years, depending on the jurisdiction and the type of wages. A civil breach-of-contract claim generally allows a two-year limitation from when you knew of the loss, and can capture older amounts within that window.
Can my employer deduct money from my pay?
Only in limited circumstances. Employers can make deductions required by law (taxes, CPP, EI) and deductions you have authorized in writing for your benefit. They generally cannot deduct for cash shortages, breakage, or damage, and cannot reduce your pay below the minimum wage. Unauthorized deductions can form part of an unpaid wages claim.