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SENT BY [EMAIL / REGISTERED MAIL / COURIER / HAND DELIVERY]
Date: [YYYY-MM-DD]
To (employer):
[EMPLOYER'S LEGAL NAME] [OPERATING AS [BUSINESS NAME], IF DIFFERENT]
Attention: [OWNER / MANAGER / HR / PAYROLL — NAME]
[EMPLOYER'S ADDRESS]
[EMPLOYER'S EMAIL]
From (employee):
[YOUR FULL NAME]
[YOUR MAILING ADDRESS]
[PHONE] · [EMAIL]
Subject: Demand for payment of wages owed on the end of my employment — [YOUR NAME], [JOB TITLE], employed [START DATE] to [LAST DAY OF EMPLOYMENT]
Dear [NAME]:
1. My employment
I worked for [EMPLOYER'S NAME] as a [JOB TITLE] at [WORK LOCATION, ONTARIO] from [START DATE] to [LAST DAY OF EMPLOYMENT]. My employment ended because [I was terminated / I was laid off and the layoff became a termination on [DATE] / I resigned with notice on [DATE] / the business closed]. My regular pay was $[RATE] per [HOUR / WEEK / YEAR], paid [WEEKLY / EVERY TWO WEEKS / SEMI-MONTHLY / MONTHLY].
2. What is still owed
Item Period / basis Amount ($)
Regular wages not paid [DATES WORKED, HOURS × RATE] [AMOUNT]
Overtime [HOURS OVER 44 IN A WORK WEEK × 1.5 × RATE] [AMOUNT]
Public holiday pay [HOLIDAYS AND DATES] [AMOUNT]
Vacation pay not yet paid [4% / 6%] of [GROSS WAGES FOR THE PERIOD] [AMOUNT]
Termination pay in lieu of notice [NUMBER] weeks × $[REGULAR WEEKLY WAGES] [AMOUNT]
Severance pay (if applicable) [YEARS AND MONTHS OF SERVICE] × $[REGULAR WEEKLY WAGES] [AMOUNT]
[OTHER — E.G., COMMISSION EARNED, UNAUTHORIZED DEDUCTION] [BASIS] [AMOUNT]
Total gross amount owed [TOTAL]
[ADD OR DELETE ROWS. ATTACH YOUR OWN RECORD OF HOURS, PAY STUBS AND ANY WRITTEN NOTICE OF TERMINATION.]
3. The law
Under section 11(5) of the Employment Standards Act, 2000, when employment ends the employer must pay all wages owed no later than the later of seven days after the employment ends and the day that would have been the employee's next pay day. "Wages" under the Act include payments required by the Act, such as vacation pay and termination pay. That date was [YYYY-MM-DD], and the amounts above have not been paid.
4. My demand
Please pay the total of $[TOTAL], less lawful statutory deductions, and give me a wage statement showing how it was calculated, by [YYYY-MM-DD — E.G., 10 DAYS FROM THE DATE OF THIS LETTER], by [DIRECT DEPOSIT TO THE ACCOUNT ON FILE / E-TRANSFER TO [EMAIL] / CHEQUE MAILED TO THE ADDRESS ABOVE].
[OPTIONAL: Please also issue my Record of Employment (ROE), if not already done.]
If I do not receive full payment by that date, I intend to file a claim with the Ontario Ministry of Labour under the Employment Standards Act, 2000 [OR: start a claim in court] to recover the amounts owed, without further notice.
I would prefer to resolve this directly. If you believe any amount is not owed, please explain why in writing by the same date.
Sincerely,
______________________________
[YOUR FULL NAME]
Enclosures (copies):
1. [LAST PAY STUBS / WAGE STATEMENTS]
2. [MY RECORD OF HOURS AND DATES WORKED]
3. [LETTER OF TERMINATION OR RESIGNATION, IF ANY]
4. [EMPLOYMENT CONTRACT OR OFFER LETTER, IF ANY]
NOTES BEFORE SENDING — delete this part
When final pay is due: the later of 7 days after your employment ended and your next regular pay day (Employment Standards Act, 2000, s.11(5)). Termination pay and vacation pay are "wages" under the Act (s.1 definition).
Claim deadline: an ESA claim about wages that became due more than two years before you file is treated as not filed (s.96(3); s.111(1) limits wage orders to the same two years). Don't let the demand letter use up your time.
Claim must be on the approved form. A claim not filed in the form approved by the Director is deemed not filed (s.96(2)). Use the Ministry's approved claim form.
Claim or lawsuit — choose. If you file an ESA claim for unpaid wages, you cannot also sue for the same wages; if you claim termination or severance pay under the ESA, you cannot also sue for wrongful dismissal for the same termination — unless you withdraw the claim within two weeks after filing (ss.97–98). A court claim for a debt generally has a two-year limitation period from when the claim was discovered (Limitations Act, 2002, s.4). Get advice before choosing if your common-law notice could be larger than the ESA minimums.
Overtime: at least 1.5 times the regular rate for each hour over 44 in a work week, unless another threshold applies to your job (s.22(1)).
Vacation pay: at least 4% of wages (6% after five years of employment) (s.35.2).
Termination pay (ESA minimum): notice or pay in lieu of 1 week (under 1 year of employment), 2 weeks (1 to under 3 years), then one more week per year of employment, up to 8 weeks for 8 years or more (s.57, s.61(1)).
Severance pay is separate: only with 5 or more years of employment and either an employer payroll of $2.5 million or more, or 50 or more employees severed within six months because all or part of the business at an establishment closed for good; up to 26 weeks (ss.64–65).
The 10-day payment date in paragraph 4 is your choice, not a legal deadline. Keep proof of when the letter was sent.
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