Difference between revisions of "My Employer Isn't Paying My Wages"

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*make a claim through either the provincial or federal labour ministries.   
*make a claim through either the provincial or federal labour ministries.   


It is important to get legal advice about both of these options. This is because once you have begun one of these processes, you may be legally prevented from switching to or using the other process.  
It is important to get legal advice about both of these options. This is important because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. It is also important to understand which forum is best suited for your particular problem. Generally, the provincial ministry (i.e., Employment Standards Branch) will assist you in enforcing your rights under the the provincial Employment Standards Act. The federal ministry (i.e., Employment and Social Development Canada) will assist you in enforcing your rights under the Canada Labour Code. Courts generally do not allow you to start a court action if your problem can be addressed through one of the ministries. Rather, courts generally only deal with problems that fall outside of Employment Standards Act and Canada Labour Code.


This section <span class="noglossary">will</span> focus on how to make a claim through the labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:
This section <span class="noglossary">will</span> focus on how to make a claim through the labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:
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Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.


{{REVIEWED | reviewer = [[Trevor Thomas]], November 2015}}
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}


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