Final Pay and Your Record of Employment in Ontario
When a job ends, whether you quit or were let go, the employer has specific deadlines for paying what it owes and for giving you the paperwork you need for Employment Insurance. Missing either can be a breach of the Employment Standards Act.
- Final wages are generally due by the later of your next regular payday and 7 days after the job ends.
- Termination pay, when it is owed, is due within the same timeframe.
- The final pay should include all unpaid wages, overtime, public holiday pay and vacation pay.
- The employer must issue a Record of Employment (ROE) promptly, generally within 5 calendar days of the end of the pay period.
What should be in the final pay
- All wages earned up to your last day, including overtime.
- Vacation pay you have earned and not yet been paid. See the guide on vacation pay.
- Public holiday pay you are owed.
- Termination pay, and severance pay where it applies, if you were let go without working notice. See the guide on severance and termination pay.
- Money owed for expenses, if the employer agreed to reimburse them.
What the employer cannot do
- Hold back your pay because you have not returned equipment, a uniform or a key.
- Deduct amounts that were not authorized in the way the Act allows. See the guide on wage deductions.
- Delay your pay as a way to get you to sign a document or a release.
Your Record of Employment
The ROE is the form Service Canada uses to work out whether you qualify for Employment Insurance and how much you will get. The employer must file it electronically and generally within 5 calendar days after the end of the pay period in which your earnings stopped. If it is late, call the employer in writing, and then Service Canada. Check the dates, your hours and the reason for leaving, because the reason code can affect your benefits.
If you are not paid
- Write to the employer with the amount you believe is owed, how you calculated it and a date to respond.
- Keep your pay stubs, schedules, emails and contract.
- File an Employment Standards claim if it is not fixed. Claims generally have to be filed within two years of when the wages were due. See the guide on how a claim works.
- Do not sign a release before you have been paid what you are owed.
Common questions
My employer says I owe them money, so they are keeping my final pay. Can they?
Generally no. An employer cannot withhold wages to settle a debt, unless the Act allows it. They may have a separate claim against you, which is not the same as holding your pay.
Do I get my ROE if I was fired for cause?
Yes. The employer must still issue it. The reason shown may affect your EI claim, which Service Canada decides.
Who can help. Licensed paralegals can represent employees and employers in Employment Standards claims and at the Human Rights Tribunal of Ontario.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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