How to Sue an Employer

Increasingly, employees defend their labour rights in court. As a rule, these are claims for non-payment of wages or illegal dismissal. How to sue a company in Ontario and how to properly prepare an application to the court against an employer?

Time limit for applying to the court

For those who have decided to sue the company, deadlines are very important. The earlier the statement of claim is filed, the more likely it is that it will be considered by a judge. The legislation sets different deadlines for applying to the court for different types of violations:

  • If you were illegally dismissed — 1 month from the date of receipt of the employment record or the delivery of the dismissal order.
  • If you are not paid wages — 1 year from the date of payment of wages that were not transferred to the card or paid in cash.
  • If you are not given a work record, a disciplinary penalty is unfairly imposed or your labour rights are violated in another way – 3 months from the moment when you learned (or should have learned) about the violation of labour rights.
  • If the employer refuses to compensate for the damage to health that was received in the course of work — indefinitely.

Claims filed in violation of the deadline will also be accepted, but if the employer submits a petition for you to skip the statute of limitations, the process will be over.

law symbols on the table

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A lawsuit against an employer: how to act

The judicial proceedings consist of several stages. Each of them has its own characteristics and rules. General scheme of judicial protection of labour rights of an employee:

  • analysing the situation, collecting the necessary evidence and developing a legal position, choosing a way to protect the right;
  • writing and filing a statement of claim;
  • participation in court sessions, obtaining a court decision;
  • receipt of the writ of execution and filing an application with the bank.

When you understand how to sue a former employer in Ontario, analyse the available evidence and documents. Then prepare a claim.

Participation in court sessions is the duty of the plaintiff. If you file a lawsuit, but do not come to the meeting without a valid reason and a petition for consideration in your absence, the application will be left without consideration.

the courtroom

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Choice of legal proceedings

The legislation allows the plaintiff in a labour dispute to choose the procedure of legal proceedings: writ or claim. Some categories of cases, for example, in case of wage arrears, can be resolved by writ or claim proceedings. The choice of the type of production belongs to the employee.

Having chosen the method of legal proceedings and having determined the claims, prepare a statement. The choice of the court to consider the case in labour disputes belongs to the plaintiff. This may be a court at the location of the organization or its branch.

On the Internet you can find ready-made samples of the statement of claim for different cases.

Photo by Rai Singh Uriarte on Unsplash

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