If your employer breaks the law

You may be able to make a claim with the Ministry of Labour if your employer does not follow the rules in the ESA.

The Ministry can order your employer to pay you any money that they owe you.

You must make a claim for unpaid wages within 2 years of when your employer owed you the money.

In some cases, the Ministry can order your employer to:

This can happen if your employer breaks the law by punishing you for exercising your legal rights that are in the ESA.

For example, you are exercising your legal rights if you:

take the pregnancy or parental leave you have a right to, and return to your job at the end of your leave
ask about your rights or ask your employer to obey the law
refuse to sign an agreement that affects your rights, such as an agreement about how your employer will pay you for overtime
make an ESA claim against your employer (see page 31)
give information to an Employment Standards Officer who is investigating your employer

If you make a claim against your employer, it is very helpful to have records of the hours and dates that you worked.

Make notes about events that might relate to your claim. Include the names of any witnesses.

Keep your pay stubs and any documents that relate to your job like your employment contract.

How to make an ESA claim

Get the Ministry of Labour’s Employment Standards Claim Form at a ServiceOntario Centre or labour.gov.on.ca. Fill out the form and:

send it in online,
take it to a ServiceOntario Centre,
fax it to the Ministry of Labour at 1‑888‑252‑4684, or
mail it to the Provincial Claims Centre, 70 Foster Drive, Suite 410, Sault Ste. Marie, Ontario P6A 6V4.

To find the nearest ServiceOntario Centre, visit ontario.ca/ page/serviceontario.

Or call the Employment Standards Information Centre at 1-800-531-5551. For TTY, call 1‑866-567-8893.

In some cases, you may be able to sue your employer in court. If you do, you cannot make a claim for the same reason with the Ministry of Labour.

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