Question 1

My employer has not paid me — what do I do in Canada?

Accepted Answer

If your employer is late or refusing to pay wages owed: (1) Document everything — pay stubs, bank deposits, text messages about missed pay, hours worked. (2) Send a written demand by email to your employer or HR, requesting payment within 5–7 days. (3) File a wage complaint with your provincial/territorial labour standards board: Employment Standards Branch (BC), Employment Standards (AB/ON/SK), Service Canada (federal employees). Most provinces have an online complaint form. Include your employment contract, pay stubs, hours records. Adjudication is typically free. (4) For amounts over the provincial small claims limit or if you are owed significant amounts, consult an employment lawyer — many offer free 30-minute consultations. Time limits vary by province — do not wait; employment standards complaints must typically be filed within 6–24 months of the violation.

Question 2

My employer is not paying CPP or EI deductions — what happens?

Accepted Answer

If your employer deducts CPP and EI from your paycheque but does not remit those deductions to CRA, you are still credited for those contributions — CRA will not penalize you personally. Your T4 should show the deductions even if the employer failed to remit. Report the issue to CRA's payroll compliance line (1-800-959-5525) or by filing a T4 discrepancy complaint. CRA can assess the employer directly for unremitted source deductions plus penalties and interest. This is distinct from an employer who misclassifies workers as contractors (no deductions taken at all) — see misclassification below. If you suspect your employer is bankrupt or insolvent, the Wage Earner Protection Program (WEPP) covers up to $9,194 in unpaid wages if your employer goes into bankruptcy or receivership.

Question 3

Am I a contractor or an employee in Canada? What is misclassification?

Accepted Answer

CRA and courts use a multi-factor test to determine employment status — the label your employer gives you does not control the outcome. Key factors: (1) Control — does the employer direct how and when you work? Employees have more control exercised over them. (2) Tools/equipment — do you provide your own tools? Contractors typically do. (3) Subcontracting/hiring — can you hire someone else to do the work? Contractors can. (4) Financial risk — can you profit from good management or lose money on the contract? Contractors have business risk. (5) Integration — is your work central to the employer's business? Employees are integrated. If CRA decides you are an employee despite being classified as a contractor, your employer owes CPP, EI, and income tax deductions it failed to withhold — potentially for years. You can file a CPP/EI ruling request (form CPT1) with CRA to get an official determination.

Question 4

Can my employer reduce my hours or change my job duties without my consent?

Accepted Answer

Canadian employment law prohibits "constructive dismissal" — if an employer makes a fundamental unilateral change to your employment (reducing hours significantly, cutting pay substantially, changing location, demoting you), this may constitute constructive dismissal and entitle you to treat the contract as terminated and claim severance. A 10–15% pay reduction or significant role change typically qualifies. If you face a constructive dismissal: (1) Do not resign — resignation eliminates your right to severance and EI. Instead, write to your employer objecting to the change. (2) Consult an employment lawyer before accepting or objecting. (3) If forced to leave, file an EI claim and consider an employment standards complaint or wrongful dismissal action.

Issue	First Step	Provincial Resource
Unpaid wages	Written demand letter	Provincial employment standards office
Missing CPP/EI remittances	CRA payroll compliance report	CRA 1-800-959-5525
Overtime not paid	Record hours, file standards complaint	Employment standards + Labour Board
Contractor misclassification	CPT1 ruling form to CRA	CRA / employment lawyer
Benefits changed or cut	Document change, send objection	Employment standards + employment lawyer
Denied ROE for EI claim	Written demand + ESDC complaint	Service Canada
Hours/duties reduced	Do NOT resign; consult lawyer	Employment lawyer / labour board
Vacation pay owed	File employment standards complaint	Provincial standards office

Employer Disputes & Workplace Rights in Canada

Common workplace disputes — who to contact

Workplace disputes articles

General workplace knowledge

Browse All Employer Disputes & Workplace Rights in Canada Articles

B

C

E

F

G

H

M

N

O

P

R

S

V

W