What if a client is not getting paid by their employer?
General Rule: Employers are not allowed to withhold someone’s pay. Employees covered by the Employment Standards Act should receive their pay consistently according to their set pay period and pay day. They can receive this payment by cash, cheque, or direct deposit. This pay cannot be withheld or deducted, except for certain legal deductions. For more information, see “What if an employer is deducting from someone’s pay?”. Even if your client’s work isn’t covered by the Employment Standards Act, their employer still cannot withhold their pay.
Overtime Pay: If an employee is covered by the Employment Standards Act, any hours they work beyond 44 hours in a week are considered overtime. When working overtime hours, their hourly pay should be 1½ times their regular pay. These rules will apply unless the employee or their union agrees to different rules in writing.
For more information on the Employment Standards Act, and whether it might apply to your client, see “Are there laws that protect workers?”
How You Can Help:
- Step 1: If your client tells you that their employer has been withholding their pay, ask them if they know the reason.
- Step 2: Make sure your client is checking and keeping copies of their pay stub or any other relevant documents. They should also keep their own written record of the hours they work.
- Step 3: If your client is concerned their employer might not be following the wage payment rules, help them go through this online tool for a preliminary assessment.
- Step 4: Your client should try to solve the issue directly with their employer first, if possible. If this is a repeated issue and your client has not been able to find a solution with their employer, they might be able to make a claim against their employer for payment.
- If your client’s work is covered by the Employment Standards Act: They can make a claim for repayment online to the Ministry of Labour, but ideally they should get legal advice first. For legal advice, help them set up a free 30-minute call through the Law Society Referral Service or through the Pro Bono Ontario hotline, or refer them to their local legal clinic (if that clinic provides employment law services).
- If your client wants to make a claim, you should refer them for legal advice well before they begin the process of submitting the claim. Using this ministry process can affect some of their other legal rights and entitlements, and you should strongly encourage them to speak with a legal professional before pursuing this option.
- If your client is still working for their employer and they decide to pursue this option, tell them that the law cannot stop their employer from firing them. You should also tell them that the claim process can take many months. If possible, they should always try to solve the issue with their employer first.
- If your client’s work is not covered by the Employment Standards Act: They might be able to go to court to get payment for their work, but they should get legal advice before starting any legal action. Help them set up a free 30-minute call through the Law Society Referral Service or through the Pro Bono Ontario hotline, or refer them to their local legal clinic (if that clinic provides employment law services).
- If your client is still working for their employer and they decide to pursue this option, tell them that the law cannot stop their employer from firing them. You should also tell them that going to court takes time and can have high costs. If possible, they should always try to solve the issue with their employer first.
- If your client’s work is covered by the Employment Standards Act: They can make a claim for repayment online to the Ministry of Labour, but ideally they should get legal advice first. For legal advice, help them set up a free 30-minute call through the Law Society Referral Service or through the Pro Bono Ontario hotline, or refer them to their local legal clinic (if that clinic provides employment law services).
- Step 5: If your client lives in rental housing, ask them if they will have enough money to pay their rent if they aren’t getting paid. If they won’t have enough money, they might be at risk of eviction. If they aren’t eligible for Ontario Works, help them check 211 or Helpseeker to find local rent assistance or rent bank programs as soon as possible.
- Step 6: Ask your client if they will be unable to pay support payments because of this. If so, refer them to additional information on how to change their spousal support or child support payments.
