Can I sue my former employer in court?
Question & AnswerCan I sue my former employer in court?
1. Consider making a claim with the Ministry of Labour
Reasons to make a Ministry of Labour claim
Below are reasons you might prefer to make an employment standards claim with the Ministry of Labour rather than sue your employer in court:
- The process is free.
- It's easier than suing in court.
- If you get a new job right away, this does not reduce the amount your employer owes you as .
- There's no risk that you'll have to pay the employer's legal costs for taking part in the process.
- If you win but the employer doesn't pay, the Ministry will try to make them pay.
- The Ministry may be able to order an employer to give you your job back but a court can't do that.
Reasons not to make a Ministry of Labour claim
Below are reasons you might not want to use the Ministry of Labour claim process:
- If you were fired, the amount of termination pay is limited to what is in the Employment Standards Act (ESA) but a court will often give you more.
- If the employer successfully argues that you're an independent contractor, the Ministry won't be able to deal with your claim but a court will often give you more.