Federal Unpaid Wages Complaint — Force a Federally Regulated Employer to Pay What It Owes
What Is It?
If you work in a federally regulated workplace, you may be able to file a federal labour standards complaint to recover unpaid wages and other amounts owed instead of starting with a lawsuit.
This route can cover more than ordinary hourly pay. Depending on the issue, it may also reach overtime, vacation pay, general holiday pay, severance pay, pay in lieu of notice, and some other amounts owed under federal labour standards.
Do I Qualify?
- You work or worked in a federally regulated workplace or industry
- The employer owes you wages or another amount covered by federal labour standards
- You are within the complaint deadline for the type of complaint you want to file
- You have records such as pay stubs, schedules, time logs, messages, or termination documents
How It Works
- Confirm that the employer is federally regulated, not provincially regulated.
- Gather pay records, schedules, contracts, messages, and your own timeline of what is owed.
- File the labour standards complaint within the required timeline.
- Provide documents if the Labour Program asks for more evidence during the investigation.
Good To Know
- Monetary complaints generally have a different timeline from unjust dismissal complaints.
- The Labour Program can investigate even if the employer’s payroll records are incomplete.
- Unionized workers may need to use the grievance process in their collective agreement instead.
What Most People Don’t Know
- This can cover more than wages for hours worked. Vacation pay, holiday pay, severance pay, and pay in lieu of notice may also fit.
- The employer’s sector matters more than people think. Most workers in Canada are not federally regulated, so the first question is jurisdiction.
- Deadlines are short. A late complaint can fail even if the employer clearly owes the money.
- Best available evidence can matter if the employer’s records are weak. Your own notes, schedules, and communications may still be useful.
Frequently Asked Questions
What kinds of money can this complaint cover?
A: It can include unpaid wages, overtime, vacation pay, general holiday pay, severance pay, pay in lieu of notice, and some other employment amounts.
How long do I have to file?
A: For a monetary complaint, the federal deadline is generally six months from the last day the employer was required to pay you.
Do I have to sue first?
A: No. The Labour Program complaint process is often the first route to consider for federal labour standards issues.
What if the employer did not keep proper payroll records?
A: The Labour Program can still assess the complaint using the best available evidence.
What is the biggest trap?
A: Assuming federal labour standards apply when the employer is actually provincially regulated.