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

* [[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.   

This section will focus on how to make a claim through the labour ministries. Which ministry to make your claim through will 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.

# 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.

The Employment Standards Branch staff will investigate and offer to resolve your claim through '''mediation'''. If mediation does not work, it will be sent to a hearing before an '''adjudicator''', who will 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'''.

# 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.

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 instructions in the Payment Claim Kit.

HRSDC will investigate your complaint and attempt to resolve it with you and your employer.

If the complaint can't be resolved, it will be sent to an independent adjudicator appointed by HRSDC, who will 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 will then appoint a referee to make a formal decision.

See the [[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]].

* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.

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