How do I sue my former employer in Small Claims Court?
Question & AnswerHow do I sue my former employer in Small Claims Court?
3. File your claim with the court
When you give your claim form and documents to the court, this is called “filing”.
When you file your Plaintiff’s Claim Form, you need to include copies of all the documents you have that can support your claim. For example:
- your employment contract
- T4 statements
- pay stubs
- records of hours you worked
When you file your claim, you need one copy of the form and all of the other documents for:
- the Small Claims Court
Where to file your claim
You have to make sure that you file your claim at the right Small Claims Court location.
You might have a choice of locations. The court you choose must be:
- where the events happened, for example, the town or city where your workplace is
- where the or any one of the defendants lives or runs their business
If there isn’t a court in either of these places, you must choose the court that’s nearest to where the defendant or any one of the defendants lives or runs their business.
If you’re not sure what is the right court location, call the court office and they will help you.
How to file your claim
You can file your claim by mail or online. But it’s better to go to the court office to file it.
The clerk at the court office looks over your documents. If there’s information that’s missing, they can tell you. And you can add it right away if you know it.
The clerk puts a court stamp and date on all copies of your Plaintiff’s Claim Form with the related documents. They keep the original and give the others back to you.