Jira & Confluence 
Bitrix24 Ontario · Employment Standards Act, 2000
Your employer hasn't paid your final wages? — demand letter ready, deadlines counted
Short answer. The letter is already open below: list what you're owed — wages, vacation pay, termination pay — and set a payment date. Final pay when employment ends: By the later of 7 days after the employment ends and the next regular pay day (Employment Standards Act, 2000, s.11(5)).
- Final pay due — 7 days after employment ended (or your next regular pay day, if that is later): type the date
- ESA claim: wages that became due on this date can be claimed for 2 years — enter the date the pay was due to see the last day: type the date
Check your own case.
When employment ends, all wages owed must be paid by the later of 7 days after the end and the next regular pay day (Employment Standards Act, 2000, s.11(5)). If your next pay day falls after the 7 days, that pay day is the due date. An ESA claim about a contravention that happened more than two years before filing is treated as not filed (s.96(3)) — run the calculator again with the date the pay was due.
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Put each amount on its own line with how you got it — hours times rate, 4% of wages. Clear numbers are harder to argue with.
Your demand date is your choice, but the 2-year ESA limit is not. Mark that date as soon as you send the letter.
An illustrated character, not a lawyer.
Deadlines
The rules, with the source
| What | Deadline | Source |
|---|---|---|
| Final pay when employment ends | By the later of 7 days after the employment ends and the next regular pay day | Employment Standards Act, 2000, s.11(5) |
| What counts as wages | Pay under your contract and any payment required by the Act — including vacation pay and termination pay | ESA, s.1 ('wages') |
| Vacation pay | At least 4% of wages; 6% after 5 years of employment | ESA, s.35.2 |
| Termination pay (minimum) | Pay in lieu of notice: 1 week (under 1 year), 2 weeks (1–3 years), then 1 week per year, up to 8 weeks | ESA, ss.57, 61(1) |
| File an ESA claim | On the approved form; contraventions more than 2 years before filing are not covered | ESA, s.96(2)–(3); s.111(1) |
| Sue instead | Generally within 2 years of discovering the claim; you can't do both for the same wages | Limitations Act, 2002, s.4; ESA, ss.97–98 |
If you file an ESA claim and change your mind, you can withdraw it within two weeks and go to court instead (ESA, s.97(4)). Severance pay is separate: it needs at least 5 years of employment and a large employer or a mass severance (s.64).
Step by step
What to do, in order
1
Gather your numbers
Pay stubs, your own record of hours, the termination letter, your contract or offer letter.
2
Check the due date
Enter your last day: final pay was due 7 days later or on your next pay day, whichever is later.
3
Fill in the table
Wages, overtime, public holiday pay, vacation pay, termination pay — line by line, with how you got each amount.
4
Set a short deadline and send
Ten days is common. Send by email and registered mail, and keep proof.
5
No payment?
File an ESA claim on the Ministry's form, or decide on a court claim — not both for the same wages.
Questions
How long does my employer have to pay my final cheque?
Until the later of 7 days after your job ended and your next regular pay day (ESA, s.11(5)). That includes vacation pay and any termination pay owed under the Act.
Do I have to send a letter before filing a claim?
No, the Act does not require it. A letter often gets the money paid faster and gives you a clear record of the amounts and dates if you do file.
Is there a deadline to file an ESA claim?
Yes. The ESA won't cover a contravention that happened more than two years before you file (s.96(3)). Don't let back-and-forth with the employer use up that time.
Official sources
Other documents
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This is a ready document and a deadline calculation, not legal advice.