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Appendix A – How to Contact Your Employer

The Ministry of Labour has created some tools and a four-step process to help you contact your employer about your employment standards issue(s). You do not have to use these tools or processes, but some people find them useful to help them resolve their issues. If you are comfortable doing so, you are encouraged to follow these steps and use the tools. If you contact your employer, be sure to keep notes of any discussions you have and copies of what you sent to them. These may be helpful during the investigation of your claim.

If you are able to contact your employer to try to resolve the issue(s), the following templates are available later in this document:

  • Employer Notice – a notice that provides your employer with information about the claim filing process and the fact that they cannot punish you in any way because you asked about, or for, your ESA rights.
  • Information Letter – a template letter informing your employer that they may be in contravention of the ESA.
  • Request for Payment Form – a template for requesting payment of money you believe may be owed by your employer.

Step A: Determine how much you believe you are owed and fill out the Request for Payment Form.

To figure out the amount of money you believe you are owed please refer to the online information available from the Ministry of Labour on employee and employer rights and responsibilities, or use the Pay Calculator Tool. You can and should save and print copies of any calculations. Your Guide to the Employment Standards Act, 2000 may be of particular help, as each employment standard has a dedicated chapter, along with examples. You may also contact the Employment Standards Information Centre at 416-326-7160, or our toll-free line at 1-800-531-5551 from anywhere in Canada, for more information on your employment standards rights. Information is available in multiple languages.

Helpful Tips

  • Calculate separately the amounts you believe you are owed for each employment standard that involves money (such as overtime, public holiday pay, or termination pay). The Pay Calculator Tool will help you determine how much money you may be owed for each employment standard.
  • It may be helpful to have some documents such as pay stubs or a calendar in front of you before you calculate the amounts you may be owed.

Request for Payment Form

After calculating the amounts you might be owed, you will want to determine the "Total Amount Owed" for each employment standard and record it in the matching box on the Request for Payment Form (e.g. Vacation Pay). Once you have filled in each box, add the numbers together and enter the amount into the shaded box at the bottom of the chart. This box shows the total amount you are requesting the employer to pay. Attach copies of your calculation(s) to the Request for Payment Form.

Step B: Gather proof, if you have any, to show your employer.

If you have any records or documents to support your claim that you are owed money under the ESA, then make photocopies and include these with your calculation(s).

Here are some examples:

  • Contract of Employment
  • Record of Employment “ROE" (separation papers)
  • Schedules
  • NSF (Non-sufficient Funds) “bounced” cheques returned by a bank
  • Wage statements/pay stubs
  • Personal records of hours worked
  • Canada Revenue Agency T4 slips
  • Time cards
  • Calculations from the ESA tools
  • Copies of bills, credits card receipts showing tips and other gratuities or other records documenting tips earne

Step C: Fill out Information Letter and put together the employer contact package

Fill in the Information Letter, make a photocopy of the complete package that you are sending to the employer, and keep the copy for your records. Make sure you keep a copy of everything you send to your employer for your own records, in case the employer does not pay what you believe you are owed and an investigation is needed.

Your complete package should include:

  • Employer Notice
  • Completed Information Letter
  • Completed Request for Payment Form
  • Copies of any calculation(s) you made to determine the amounts you are requesting your employer to pay, and
  • A copy of any other documents that support your position.

Step D: Send your completed employer contact package to your employer

Send your complete package to your employer by one of the following methods:

  • Regular mail
  • Fax
  • Registered mail
  • Personal delivery
  • Courier, or
  • Email

Be sure to keep any registered mail receipts or fax confirmation reports for your records.

Disclaimer: This resource has been prepared to help employees and employers understand some of the minimum rights and obligations established under the Employment Standards Act, 2000 (ESA) and regulations. It is not legal advice. It is not intended to replace the ESA or regulations and reference should always be made to the official version of the legislation. Although we endeavor to ensure that the information in this resource is as current and accurate as possible, errors do occasionally occur. The ESA provides minimum standards only. Some employees may have greater rights under an employment contract, collective agreement, the common law or other legislation. Employers and employees may wish to obtain legal advice.