Dear Joanna,

My current employer has not paid me for two months. I’ve emailed him my invoice for the month including several follow-up phone calls and meetings. He always has an excuse as to why he cannot pay me. There is no question that I am doing a great job and have accomplished a tremendous amount for his company within this time period. I have been paid once since I started three months ago.

What do I do? I like my job and would really hate to quit, especially since it is very hard to get another job in my field.

Signed: Late Payer

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Dear Late,

Miriam Anbar, a legal expert on employment issues from the leading firm Rodney Employment Law, warns employers who are withholding wages to watch out! Anbar offers the following guidelines below and she emphasizes that each case is unique and individuals should consult with an employment lawyer to ensure that they are fully protected.

1.Know the law.

The law in Ontario is very straightforward when it comes to withholding an employee’s wages. Employers are prohibited from withholding an employee’s wages, deducting from an employee’s wages or causing an employee to return his or her wages to the employer according to the Ontario Employment Standards Act (ESA), which sets out the minimum standards that employers and employees must follow in the workplace. Employers may only legally withhold or deduct an employee’s wages in situations where the deductions are authorized by law, by a court order, or by the employee in writing (subject to certain restrictions and conditions).
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