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If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking action:
* [[I need to take someone to court—what's the process?|sue directly in Small Claims Court (or the Supreme Court)]], or * make a claim through either the provincial or federal labour ministries.
It is important to get legal advice about both 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.
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:* federal government and federal Crown corporations,* banks,* Indian bands and tribal councils, and * inter-provincial or international railways, airlines and transportation companies.
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== If your employer is provincially regulated ==
=== First steps ===
# Contact your employer and see if you can resolve the problem directly.# Complete and submit a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. Note that you have '''six months''' to file a '''complaint''' from the time the wages were not paid or the date when your employment ended. If you are within 30 days of the end of the six-month period, you should file your complaint with the [[Employment Standards Branch of BC]] and '''THEN''' use the Self-Help Kit to try and resolve your problem.
=== What happens next ===
Your employer has 15 days to respond to your Request for Payment. If he/she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the [[Employment Standards Branch of BC]].
The Employment Standards Branch staff <span class="noglossary">will </span> investigate and offer to resolve your claim through '''mediation'''. If mediation does not work, it <span class="noglossary">will </span> be sent to a hearing before an '''adjudicator''', who <span class="noglossary">will </span> hear from both sides and then make a decision called a '''determination'''.
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a '''reconsideration'''.
== If your employer is federally regulated ==
=== First steps ===
# Contact your employer and see if you can resolve the problem directly.# If your employer has not responded within 10 days, complete and submit a "[http://www.hrsdc.gc.ca/eng/labour/opd/700_10/page03.shtml Payment Claim Kit]" from [[Employment Standards (Canada)]] of Human Resources and Skills Development Canada (HRSDC) by letter, telephone, or in person. The kit contains a labour standards pamphlet and a Payment Claim letter to your employer. Read the pamphlet and complete and send the Payment Claim letter to your employer.
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=== What happens next ===
Your employer has 10 days to respond to your Payment Claim. If he/she does not, or the matter is not resolved, you can file a [http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1060&ln=eng Complaint Registration Form], following the <span class="noglossary">instructions </span> in the Payment Claim Kit.
HRSDC <span class="noglossary">will </span> investigate your complaint and attempt to resolve it with you and your employer.
If the complaint can't be resolved, it <span class="noglossary">will </span> be sent to an independent adjudicator appointed by HRSDC, who <span class="noglossary">will </span> hear from both sides and then make a decision called a determination.
If you are not satisfied with the determination, you can appeal it to the Minister of Labour within 15 days of receiving the determination. The Minister <span class="noglossary">will </span> then appoint a referee to make a formal decision.
== Where to get help==
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:* [[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.* [[PovNet]].* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.
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.
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