If your employer owes you wages, vacation pay, or termination pay, Ontario's Employment Standards Act (ESA) gives you a way to claim it without going to court. The Act also makes it illegal for your employer to punish you for trying.
What Investigators Find Most
In 2025–26, the top violations found in Ontario claim investigations were, in order:
- Payment of wages
- Vacation pay / vacation time
- Termination pay
- Public holidays / public holiday pay
- Limits on hours of work
First: Provincial or Federal Employer?
Banks, airlines, telecoms, and interprovincial transportation companies are federally regulated. Complaints about them go to the Federal Labour Program (1-800-641-4049), not Ontario. Almost every other employer in Ontario falls under the ESA.
How to File an ESA Claim
1Gather your proof. Collect pay stubs, schedules, texts or emails about your hours, and your own record of what you worked and what you were paid.
2File within 2 years. Generally, you must file within two years of the violation. For unpaid wages, only wages owed in the two years before you file can be recovered. Don't wait.
3Submit it. File online through the Ministry of Labour's e-claim portal, or by fax or mail using the PDF claim form. Questions? Call the Employment Standards Information Centre at 1-800-531-5551.
Claim or Court? You Have to Choose
You can't pursue the same issue through an ESA claim and a lawsuit at the same time. If you file a claim and then decide to go to court instead, you must withdraw your claim within two weeks after filing it.
Your Employer Can't Punish You for It
Under section 74 of the ESA, your employer, or anyone acting for them, can't intimidate you, fire you, or otherwise penalize you (or threaten to) for asking about your ESA rights, asking them to follow the Act, or filing a claim. A reprisal is a violation you can claim for too.
Lay out what you're owed — dates, hours, rates — in one clear summary before you file.
Draft It With Asya →Frequently Asked
How long do I have to file an unpaid wages claim in Ontario?
Generally within two years of the violation. For unpaid wages, only wages owed in the two years before you file the claim can be recovered.
Can my employer fire me for filing an ESA claim?
No. Section 74 of the Employment Standards Act prohibits employers from intimidating, dismissing, or penalizing an employee, or threatening to, for asking about their rights or filing a claim.
Can I file an ESA claim and also sue my employer?
Not for the same issue. If you file an ESA claim and decide to go to court instead, you must withdraw the claim within two weeks after filing it.
Where do I file if I work for a bank or an airline?
Banks, airlines, telecoms, and interprovincial transportation employers are federally regulated. Complaints go to the Federal Labour Program at 1-800-641-4049.
Sources & Verification
Figures, rules, and contacts in this article come from official sources:
- Ontario — Your guide to the ESA: Filing a claim
- Ontario — Employment standards enforcement statistics
- Ontario — ESA Policy and Interpretation Manual: Part XVIII, Reprisal prohibited
- Government of Canada — Submit a federal labour standards complaint
Learn more about how ComplaintCA verifies information on our About page.