Payday is a day we all look forward to.\u00a0 But, what do you do if you look at your paycheque to find missing wages or unexpected deductions?<\/p>\n
As an employee, it\u2019s important to know when your employer can and cannot deduct money from your pay.\u00a0 Section 13 of the\u00a0ESA\u00a0<\/em>(Employment Standards Act<\/em>) outlines what deductions are allowed, and which are not.<\/p>\n Employers can make any statutory deductions to wages required (i.e., income tax, Canadian Pension Plan, Employment Insurance, etc.).\u00a0 An employer can also garnish an employee\u2019s wages when imposed by a valid court order.\u00a0 Any other deductions can only be made when an employee has given written consent.\u00a0 Moreover, such a written consent will only be valid if there is a certain amount stipulated or if there is a proper formula set in place.<\/p>\n Thus, employers generally have no legal right to withhold or deduct any money from a worker\u2019s pay.\u00a0 Employers cannot make deductions for faulty work, damaged property, or any missing or stolen cash, for which the employee was not responsible.<\/p>\n If your employer is withholding your pay or making undue deductions, you may have the option of claiming constructive dismissal (considered a termination of employment), for which you may be due termination and severance pay.\u00a0 If you don\u2019t wish to go that route, you may make a complaint to the Ministry of Labour.\u00a0 It\u2019s important to note that any reprisal made by your employer in response to a complaint is prohibited by the\u00a0ESA<\/em>.\u00a0 If your employer punishes you in response to your complaint, they may be liable for significant damages.<\/p>\n Each situation is highly case-specific and it is best to seek legal advice prior to taking any steps. The route you choose to take may have serious consequences on the type of remedy you\u2019re ultimately going to get.<\/p>\n","protected":false},"excerpt":{"rendered":" Payday is a day we all look forward to.\u00a0 But, what do you do if you look at your paycheque to find missing wages or unexpected deductions? As an employee, it\u2019s important to know when your employer can and cannot deduct money from your pay.\u00a0 Section 13 of the\u00a0ESA\u00a0(Employment Standards Act) outlines what deductions are […]<\/p>\n","protected":false},"author":6,"featured_media":1762,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30],"tags":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/www.zeilikmanlaw.com\/wp-content\/uploads\/2021\/06\/Deductions-scaled.jpg","_links":{"self":[{"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/posts\/1671"}],"collection":[{"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/comments?post=1671"}],"version-history":[{"count":0,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/posts\/1671\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/media\/1762"}],"wp:attachment":[{"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/media?parent=1671"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/categories?post=1671"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/tags?post=1671"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}