What if an employer is deducting from someone’s pay?

General Rule: Employers can take money from their employees’ pay for certain things, including:

• Amounts set out in a court order (e.g., child support, a debt repayment, etc.)
• Income tax
• Canada Pension Plan
• Employment Insurance
• Union-related fees (e.g., dues, etc.)
• Amounts agreed to in writing (e.g., uniform payment).

Employers cannot deduct an employee’s pay because:

• They say the employee didn’t do a good job
• The employee broke something
• The employee made a mistake that cost the employer money

How You Can Help:

• • • Step 1: If your client tells you that their employer has been deducting their pay, ask them if they know the reason.
    • Step 2: Make sure your client is checking and keeping copies of their pay stub and any other relevant documents.
    • Step 3: If they think that their employer deducted money that they were not allowed to, they should speak with their employer directly first, if possible.
    • Step 4: If they are unable to resolve the issue with their employer, they might be able to make a claim for repayment online to the Ministry of Labour.
      • 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.
        • 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 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.
    • Step 5: If your client lives in rental housing, ask them if they will have enough money to pay their rent. 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.