Duty to Investigate Workplace Issues Many employers will be aware of the need to investigate allegations of workplace human rights abuses. The duty to investigate is, however, not one limited…
Disagreements stemming from questions over wages, commissions, or other payments owing to employees often arise in the workplace. Employees who believe that their employer owes them unpaid amounts should consult with a knowledgeable employment lawyer before taking any action. A lawyer will help you understand your options, help you craft a plan for moving forward, and ensure you obtain the money you have worked hard for.
At Sultan Lawyers in Toronto, our exceptional team of employment lawyers regularly advise employees about their rights in the workplace, including how to recover unpaid wages, unpaid commissions, and other money owing. We are committed to protecting our clients’ fundamental rights and interests. It is for this reason that we are driven by grit and a sheer determination to work harder, faster and more effectively than others to meet the challenges and help you.
Recovering unpaid wages from your employer can be as simple as having an employment lawyer initiate discussions with the employer on your behalf. This is often sufficient to motivate an employer to comply with their obligations.
However, in some instances, an employer will not pay outstanding wages and further action must be taken. In such cases, an employee seeking compensation can file a claim against an employer in court, or they can file an Employment Standards claim with the Ministry of Labour. Employees must choose one over the other as they cannot pursue both options.
Different rules apply to unionized employees (who should speak to their union representative about their options), federal employees, and independent contractors.
Consulting with an employment lawyer as soon as possible when you are seeking payment from your employer is important. A lawyer can get the conversation started with the employer, and, in the meantime, can help you understand the pros and cons of pursuing either a lawsuit or an Employment Standards claim.
Under the Employment Standards Act, “wages” are defined as any type of monetary payment owed to an employee, and in addition to salary, also includes other payments including commission, profit sharing, and vacation pay, among others. Under the Act, “wages” does not include payments that are based on an employee’s performance, including bonuses and other gifts.
Similarly to an employee who believes they are owed salary, a provincially-regulated employee who believes they are owed outstanding commissions, profit sharing, vacation pay, or any other wage can also file a complaint with the Ministry of Labour or sue their employer.
If you are an employee owed money by your employer contact the Toronto employment lawyers at Sultan Lawyers. We will represent your interests, negotiate with your employer, and fight for you where discussions do not work. Our goal is to get you what you are owed. Contact us online or at 416-214-5111 for a consultation.
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