I made a Small Claims Court claim against my employer. What do I do next?

4. Go to the trial

It's up to you to prove your claim. You do this by presenting evidence that the judge considers in making a decision.

The evidence has to relate to the facts that you need to prove. Evidence includes what witnesses say and documents that you have filed with the court.

Your evidence

You and your witnesses give evidence. This is called “testifying”. You can ask your witnesses questions. And your employer and the judge can ask them questions too.

When you testify, it's best to start at the beginning and tell the judge about the events in the order that they happened.

Your evidence should include:

  • when you were hired by your former employer
  • what your job was
  • how much you were supposed to be paid and how much you were paid
  • who supervised your work
  • what led to you being fired
  • what reason your employer gave for firing you
  • how much notice you were given before you were fired

The defendant’s evidence

The employer, who is the , can also present evidence. They may want to try to show that:

  • they had to fire you so they don't owe you , or
  • they have paid you what they owe you.

If the employer has witnesses, you and the judge can ask them questions.

The judge’s decision

The judge can decide right away and tell you their decision at the trial. Or they might need time to decide. If this happens, you get a written decision in the mail.

The judge's decision will say if your employer has to pay you and how much.

But your employer might not pay you, even if the judge orders them to. There is information about how to try to collect the money in the Ontario Ministry of the Attorney General's After Judgment – Guide to Getting Results.

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