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Section D2 – Background Information About Your Claim

Please fully complete this section as accurately as possible. All the information you provide will help the Employment Standards Officer investigate your claim. This is the section where you tell us why you are filing a claim. It is important to provide as much information about what you are claiming as possible.

Any calculations you include here will be regarded by the officer as estimates only and as a guide to assist the officer in investigating your claim.

To help tell your story, please see the questions on page 9 of the Claim Form. Please try your best to answer the questions in full sentences. You do not have to answer all the questions. Only answer the questions under each employment standard you are claiming. For example if your claim relates to overtime and public holidays, answer the questions outlined under the headings “Overtime Pay” and “Public Holidays / Public Holiday Pay”. If there is other information you feel might help explain what happened, please tell us in this section.*

Provide as much relevant detail as possible about which employment standards have been violated, including the dates on which those violations occurred. If you need more space, please attach additional pages to your claim. Write your name on each page.

We have provided examples below to help guide you.

Unpaid Wages:

If you are claiming the employer owes you wages that you earned during your regular hours of work (not including overtime or public holidays), please provide information explaining the following:

  • What days/hours/work were you not paid for? For example, “I was not paid for the week of January 10th, 2011. I worked 40 hours in 5 days that week.” If there are multiple days or periods for which you were not paid, indicate all of those dates.
  • Were you unable to cash your pay cheque? If yes, give an explanation or reason and the date(s) of the cheques and/or pay period(s). For example, “My cheque dated August 3, 2010 was returned N.S.F” (Not Sufficient Funds).
  • What is the amount of wages you feel you are owed? Give an estimated amount. See Appendix B of the Claim Guide for help with calculations.
  • Please provide any other information you feel would clarify any disputes on this issue.

Overtime Pay:

If you are claiming the employer owes you wages that you earned working overtime (generally, more than 44 hours in a work week), please provide information explaining the following:

  • When you were not paid overtime? For example, “I was not paid overtime during the months of May and June 2010.”
  • Do you have an agreement that your employer will pay overtime after a certain number of hours? If yes, tell us the number of hours set out in the agreement. For example, “My employer and I agreed I would be paid overtime for each hour of work after 36 hours each week, but he never paid me that overtime.”
  • Please provide any other information you feel would clarify any disputes on this issue.

See also: Overtime & Time Off In Lieu.

Vacation Pay / Vacation Time:

If you are claiming the employer did not give you the time off for a vacation and/or provide you with vacation pay, please provide information on the following:

  • Did you not get vacation pay, vacation time or both? For example, “My employer paid me my vacation pay but I didn’t get any time off work for vacation” or “My employer never paid me my vacation pay.”
  • Have you received any vacation pay or vacation time off? If yes, please tell us when you received it and how much time and/or pay you got. For example, “I received my vacation time and pay for the 2008 year but have not gotten any since then,” or “I have never gotten any vacation time.”
  • Please provide any other information you feel would clarify any disputes on this issue.

Public Holidays / Public Holiday Pay:

If you are claiming the employer did not give you the time off for a public holiday and/or provide you with public holiday pay, please provide information on the following:

  • For which public holidays did you not receive a day off and/or pay? Ontario has the following nine public holidays. Please state which one(s) your dispute relates to:
    • New Year’s Day
    • Family Day
    • Good Friday
    • Victoria Day
    • Canada Day
    • Labour Day
    • Thanksgiving Day
    • Christmas Day
    • Boxing Day (December 26)
  • Did you agree to work on the public holiday(s) in question? Please explain whether or not you and your employer agreed before the public holiday(s) in question that you would work on that day.
  • Did you receive any substitute days off? For example, you and your employer agreed that you would work Family Day; instead, you were able to take off the Wednesday of the next week. Please tell us if the substitute day(s) off was paid or not.
  • Did you work your shifts before and after the holiday(s)? If you did work your last regularly scheduled shift before and first regularly scheduled shift after the holiday, please provide the dates of these shifts. If you did not work your last or first regularly scheduled shift, please explain why.
  • Please provide any other information you feel would clarify any disputes on this issue.

See also: Public Holiday Pay Calculator

Deductions from wages:

If you are claiming the employer took money from your pay that should not have been deducted, please provide the following information:

  • What deductions were made? For example, “I dropped and broke some dishes at work and my employer took $100 off my next paycheque.”
  • Did you give your employer written permission to make these deductions? If yes explain. Please tell us if you gave your employer permission to deduct certain amounts from your wages. For example, “When I was hired, I agreed in writing that my employer could take $20 a week for four weeks to pay for my uniform.”
  • How much was deducted and when? Please tell us the amount that was deducted and the pay dates and/or pay periods involved. For example, “$10 was deducted from each paycheque I received between May 7, 2010 and June 11, 2010 for a total of $30.00”.
  • Please provide any other information you feel would clarify any disputes on this issue.

Minimum Wage:

If you are claiming that your employer paid you less than the minimum requirements please provide some or all of the following information:

  • When you were not paid minimum wage? For example, “I was not paid minimum wage between February 5, 2010 and March 19, 2010”.
  • How many hours do you normally work each pay period and how much do you usually get paid? For example, “My paycheques are usually for about 60 hours of work and I usually get paid about $450 before deductions for that time.”
  • Please provide any other information you feel would clarify any disputes on this issue.

Termination Pay and/or Severance Pay

If you are claiming that your employer did not provide you the appropriate notice before your employment ended, or that you are owed termination pay and/or severance pay please provide some or all of the following information:

  • Did you get any notice before your employment ended? If yes, how much? For example, “My employer did not give me any notice before my employment ended, he told me I was fired and I had to leave work that day,” or “my employer gave me 2 weeks of notice before my employment ended.”
  • Did you receive any money when your employment ended? If yes, how much? For example, “My employer gave me $500 when my employment ended, which is about the same amount as one week of my normal pay.”
  • Did your employer give you a reason why they ended your employment? If yes, please tell us. For example, “My employer told me I was fired because there was no more work there for me,” or “my employer did not give me any reason when they ended my employment.”
  • If you quit, please explain why. For example, “I quit my job because my employer cut my hours in half.”
  • Please tell us the main events that led to your employment ending. Sometimes there are a few events that help explain why a person’s employment ends. If there are some key events surrounding the end of your employment that you would like to share, please tell us. This information will help us to understand what happened.

See also: Termination Tool | Severance Tool

Temporary Help Agency charged prohibited fees

If you are claiming that a temporary help agency changed fees that it should not have, please provide the following information:

  • What fee(s) were charged? For example, “I was charged a fee to have the agency help improve my resume.”
  • What was the amount of fee(s) charged? For example, “They charged me $50 to fix my resume.”
  • When was it charged? For example, “I was charged this fee on June 18, 2010.”
  • Please provide any other information you feel would clarify any disputes on this issue.

Temporary Help Agency did not provide required information

If you are claiming a temporary help agency did not provide required information to you about the agency, client, your work assignment, and/or did not give you the Ministry of Labour Information Sheet entitled “Your Employment Standards Rights: Temporary Help Agency Assignment Employees” please provide the following information:

  • What information was not provided? For example, “The temporary help agency did not provide me with information about the client and my work assignment.”
  • What date should you have received this information? For example, “The temporary help agency did not provide me with the information when they offered me the assignment, which was on July 6, 2010.”
  • Please provide any other information you feel would clarify any disputes on this issue.

Temporary Help Agency stopped the Client from hiring you or providing you with references

If you are claiming a temporary help agency restricted a client from hiring you, or that an agency restricted a client from providing you with a reference, please provide the following information:

  • Briefly explain what happened, and when. For example, “The client wanted to hire me after one month with them, but the temporary help agency refused to let them.”
  • Please provide any other information you feel would clarify any disputes on this issue.

Limits on Hours of Work / Eating Periods / Rest Periods (between shifts, daily, weekly or biweekly):

For more information on these employment standards, go to our website: Hours of Work.

If you are claiming the employer did not follow the employment standards about limits on hours of work, rest periods, or eating periods please provide the following information:

  • Tell us what hours of work issue you are having with your employer. For example, “My employer is scheduling me to work 54 hours a week, but we don’t have a written agreement.”
  • Do you receive breaks or eating periods? If yes, how often do you take them and how long are they? For example, “I normally get to take 30 minutes for lunch each day.”
  • When did this issue happen? For example, “June 2010 was a really busy month and I never got to take my full lunch. I usually only took 10 minutes before I got called back to help.”
  • Please provide any other information you feel would clarify any disputes on this issue.

See also: Hours of Work & Overtime Tool.

Leaves of Absence (Pregnancy, Parental, Family Medical, Organ Donor, Personal Emergency, and Reservist):

If you are claiming the employer did not follow the employment standards on pregnancy leave, parental leave, family medical leave, organ donor leave, personal emergency leave, declared emergency leave, or reservist leave please provide information on the following:

  • What kind of leave of absence is your claim submission about? For example, “My issue is about pregnancy and parental leave.”
  • Tell us the main events around this claim submission. Explain any key events surrounding the leave(s) in question. This will help us understand what happened.

Reprisal by the Employer (which includes a Temporary Help Agency)

If you are claiming the employer (which includes a temporary help agency) has taken reprisal action against you, please provide the following information:

  • Tell us what your employer did. Explain what happened, what the employer did that made you file this claim submission.
  • Tell us the main events that led to your employer threatening or penalizing you. Sometimes there are a few events that help explain what happened. If there are some key events surrounding your issue that you would like to share, please tell us. This information will help us to understand what happened. If you would like more information on reprisals, please go to Appendix A of this Claim Guide.

Reprisal by the Client of the Temporary Help Agency

If you are claiming a client of the temporary help agency has taken reprisal action against you, please provide the following information:

  • Tell us what the client did. Explain what happened, what the client did that made you file this claim.
  • Tell us the main events that led to the client threatening or penalizing you. Sometimes there are a few events that help explain what happened. If there are some key events surrounding your issue that you would like to share, please tell us. This information will help us to understand what happened. If you would like more information on reprisals, please go to Appendix A of this Claim Guide.

Other (specify):

If you checked “Other” please provide the following information:

  • Tell us the employment standard(s) not already identified above that you are claiming. If your issue is related to an issue not already identified, please tell us what it is here.
  • Briefly tell us what happened and when. Explain the relevant events surrounding the “other” employment standard(s) issue.

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