2. Find out what your employer can take
Question & Answer
What can my employer take from my pay?As well as any , there are other amounts that your employer can take from your pay.
If there’s a court order
Your employer can take money from your pay if a court orders it.
The court order will tell your employer how much to take and who to pay it to. This is called having your garnished.
For example, a court can order your employer to:
- take money from your pay for child support, and
- send it to the Family Responsibility Office.
If your employer pays too much
Your employer can also take money from your pay if they made a mistake and paid you too much. For example, your employer might:
- forget to take money for your benefit plan, or
- pay you an amount that they meant to pay to someone else.
Even if your employer has a right to take money, they must pay you at least the minimum wage in each pay period.
If your employer made a mistake and did not take enough for Employment Insurance (EI) or the Canada Pension Plan (CPP), there are limits to they can take:
- in total, and
- in a pay period.
And there's a deadline for your employer to take money for EI or CPP mistakes. They have one year to take the money after the they made the mistake in
If your employer takes extra money from your pay, try to get legal advice.
If you’re in a union
If you belong to a , your may say what your employer must take from your pay, for example:
- union dues
- payments for health benefits
- payments into a pension plan
If your employer takes money for other reasons
Before your employer can take any other amounts from your pay, you must agree to this in writing.
For example, you could agree that your employer can take the cost of a uniform from your pay. The agreement has to say exactly how much your employer will take or how they'll figure out the amount.
What your employer cannot do
Your employer is not allowed to take money from your pay because they say you did not do a good job.
For example, your employer cannot take money because they say:
- you broke some tools or equipment
- there was something wrong with a product that you made
- you made a mistake that cost them money
The law also says that your employer cannot take money from your pay to cover cash or property that's missing, unless both of the following are true:
- you were the only person who could have taken it, and
- you agree in writing that your employer can do this.
This also means your employer cannot take money from your pay if a customer leaves without paying.