Area of Law: Employment Law
Answer # 591
What if an employee does not get paid?Region: Ontario Answer # 591
It is against the law for an employer not to pay an employee for their work. Employers are required to pay employees regularly, according to their usual practice or according to any agreement they have with the employees. In the case of temporary workers both the temporary help agency and the client are liable if the temp worker is not paid.
If you have completed work and have not been paid or only paid in part, you may first want to request payment from your employer in writing. If your employer refuses to pay you, you can apply to Employment Standards at the Ministry of Labour for help.
Collecting unpaid wages
The Employment Standards office can help you collect unpaid wages. There is no fee for this service. The Employment Standards office can investigate the situation and order your employer to pay the money owed to you. Recent legislation has removed the maximum entitlement amount of $10,000 and the six month limitation period. It also extends the recovery period to two years.
In addition to receiving help from the Employment Standards office, you also have the option of suing your employer (and the client in the case of temporary workers) for the wages owed. For more information, visit the Ministry of Labour, Training and Skills Development website.
A criminal record will appear on an employment police check and will affect your ability to get or keep a job. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.
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