You earned it. By law, they have to pay you.
Your last paycheque, unpaid overtime, vacation pay, a deduction that shouldn't have happened — in Ontario, your employer must pay you for the work you did. There's a free claim process, and it's illegal for them to punish you for asking. Here's what to do.
Free. No payment to start. We'll point you to free legal help too.
In 30 seconds, here's what's true
- By law, your employer must pay you every wage you earned — regular pay, overtime, and vacation pay — even if you quit, were fired, or were paid in cash.
- Your final pay is due fast: by the later of 7 days after your job ends, or what would have been your next regular payday. They cannot hold it hostage.
- Filing a claim with the Ministry of Labour is completely free, and there is no dollar cap on what an officer can order your employer to pay you.
- You usually have 2 years to make a claim — but don't wait. Save your pay stubs and records now, while you still have them.
- It is illegal for your employer to fire, threaten, or punish you for asking to be paid. If they do, they have to prove they didn't — and you can be put back to work.
How the process works
Gather your records
Collect everything that shows what you worked and what you were paid: pay stubs, bank deposits, your schedule, your contract or offer letter, and any texts or emails about your hours or pay. The more you have, the stronger your claim.
Add up what you're owed
Work out the total: unpaid regular pay, overtime (1.5× your rate for hours over 44 in a week), vacation pay (4% of wages, or 6% after 5 years), unpaid public-holiday pay, and any final pay you never got. Even small amounts add up over weeks.
Ask in writing
Send your employer a short, calm written request for the money you're owed, with the amount and the dates. Often this alone gets you paid — and it creates a record if you need to go further. PLAIN can help you draft it.
Pick ONE path
You can file a free claim with the Ministry of Labour, OR sue in court (Small Claims for up to $50,000). For the same unpaid wages you generally can't do both — so choose carefully. If you were also fired or are owed severance, you may recover more in court, so get free advice first.
An officer investigates and can order payment
If you file an Employment Standards claim, an officer looks into it and can order your employer to pay what you're owed, plus interest. You don't need a lawyer, and you don't pay a fee. Investigations can take a few months.
What to do next
- Save every pay stub and bank deposit record you have.
- Write down the dates and hours you worked but weren't paid for.
- Screenshot every text or email about your pay or schedule.
- Find your employment contract or offer letter, if you have one.
- Note your last day worked — it sets the deadline for your final pay.
- Add up roughly what you think you're owed (regular pay, overtime, vacation pay).
- Send your employer a short written request for the money. Keep a copy.
- Get free help if you're unsure: the Ministry of Labour, a community legal clinic through Legal Aid Ontario (1-800-668-8258), or the Workers' Action Centre (1-855-531-0778).
Common myths
| Myth | Reality |
|---|---|
| They can hold my final cheque until I return my uniform or equipment. | No. Your final wages are due by the deadline (7 days after your job ends, or your next payday — whichever is later). Deductions for equipment need specific written consent and are never valid for breakage or shortages where others had access. |
| I quit, so I lose my unpaid wages. | No. Wages you already earned are owed no matter how your job ended — whether you quit or were fired. |
| I was paid in cash, so I have no rights. | False. The Employment Standards Act still protects you — including if you're part-time, on probation, or working without a permit. Cash pay doesn't remove your rights. |
| I'm a contractor, so the ESA doesn't apply to me. | Maybe not. If you really work like an employee, the law likely treats you as one (it's illegal to misclassify people to avoid paying them). The label on your contract doesn't decide it. |
| I signed something agreeing to the deduction, so it's legal. | Not necessarily. Written consent never makes a deduction legal for faulty work, or for cash shortages or broken property when someone other than you had access. |
| It's been over a year — too late to do anything. | Likely not. You generally have 2 years from when the wages were due to make a claim. Don't assume you've missed the window. |
| Filing a complaint will get me fired, and that's legal. | It's illegal. Punishing you for asserting your pay rights is reprisal under the ESA — and your employer has to prove they didn't do it. |
| I'm on salary, so I don't get overtime. | False. Overtime depends on the actual work you do, not your title or whether you're salaried. Many salaried employees are still owed overtime. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Ministry of Labour or a licensed professional.
Free. No payment to start. We'll point you to free legal help too.