Suing (#67) · Issues · Alannah Benefield / janhelp

Suing

In Ontario, you may sue with the Ministry of Labour, Immigration, Training and Skills Development if you think the Employment Standards Act (ESA), Employment Protection for Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being violated.

If you have actually lost your job, please go to Employment Ontario to find out how they can assist you get training, construct abilities or discover a new job.

Suing

You can file a claim online for any concerns associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can likewise sue online for issues associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to understand what to expect when filing an employment requirements claim

If you have already started a claim

If you have already begun or submitted a claim through the claimant portal, you can:

- sign in to continue your claim
- examine the status of your claim
- upload documents to your claim.
Creating a My Ontario account

If you have actually previously registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ produce account button and produce a My Ontario account using the very same e-mail address that was used when you registered in the claimant portal. If you do not utilize the same e-mail address, you will not be able to see any of your previously sent claims. If you require assistance, please call the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and utilize the portal.

Internet internet browser requirements

To submit a claim online utilizing e-claim or to access the claimant website you should utilize:

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other internet browsers may work, however they are not supported by the e-claim or claimant website.

PDF claim forms

You can also submit an ESA or EPFNA claim utilizing the PDF claim form.

Submit your claim by:

- fax to 1-888-252-4684 or
mail to:

Provincial Claims Centre Ministry of Labour, Immigration, Training and Skills Development 70 Foster Drive, Suite 410 Roberta Bondar Place Sault Ste. Marie, Ontario P6A 6V4

Employment Standards Act claims

Most workers operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some staff members who are covered by the ESA have special rules and/or exemptions that may use to them.

A claim might be made when you think your company has actually violated your rights under the ESA.

Examples of ESA violations include:

- Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, getaway pay or other wages they are entitled to under the ESA.
- Not supplying a worker with time off for an entitled leave of lack under the ESA or penalizing a staff member for taking such a leave.
- Not supplying a worker with wage declarations or other needed files.
To learn more, check out Your Guide to the Employment Standards Act or the Guide to special guidelines and equipifieds.com exemptions.

The ESA is not the only law that applies to Ontario workplaces. The rules under the ESA are minimum requirements. You might have greater rights under:

- a work contract
- collective contract
- the common law
- other legislation
If you have concerns about your entitlements, you might want to get in touch with an attorney.

Time frame for submitting an ESA claim

There are time frame that use to filing an ESA claim. Generally, you must file a claim within 2 years of the alleged ESA infraction. If you submit a claim within the two-year limitation a work requirements officer will examine the claim.

Similarly, if your company owes you incomes, the wages need to have been owed to you in the 2 years before your claim was filed for the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim may be made when you believe your employer or an employer has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign short-term employee program. For example, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA offenses include:

- a recruiter charging you any charges
- an employer charging you for employing costs (with limited exceptions).
- an employer or company holding onto your property (such as a passport).
- an employer or employer penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For instance, if you are not being paid all wages owed, you may be able to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work standards officer can generally release an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides particular workplace defenses to kid performers who are under 18 years of age working in the live and documented show business.

It includes minimum rights with respect to hours of work, breaks and payment of travel costs.

The PCPA applies to:

- kid entertainers.
- their moms and dads.
- their guardians.
- employers.
Sections are implemented by the Health and Safety Program or the Employment Standards Program.

Find out more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace protections have not been provided to a kid performer in Ontario. Suing is free.

To sue, you should be either:

- a child performer under 18 years of age.
- the parent or guardian of a kid performer under 18 years of age.
The kid performer must not be covered by a cumulative contract.

To sue:

Download the claim type from the kinds repository and wait to your computer.
1. Open the form with Adobe Reader (download Adobe Reader totally free).
2. Fill in the form with all the needed details.
3. Select the "submit by e-mail" button within the form to send your claim.
Please just submit your claim when.

After you submit a claim:

- You will get an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will investigate your claim as quickly as possible.
Time limits to filing a PCPA claim

Generally, a PCPA claim should be filed within two years of the supposed PCPA violation.

When a claim can not be filed

Generally, a claim can not be submitted if:

- you have taken court action versus your company for the same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you need to withdraw your sent claim within two weeks after it is filed.

This claim type is not planned for you if:

- you operate in an industry that falls under federal jurisdiction.
- you wish to submit a grievance about occupational health and security.
- you wish to file a human rights complaint under the Human Rights Code.
- you wish to sue with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you submit a claim

Claims are examined in the order that they are gotten. The amount of time it considers a claim to be appointed varies, depending upon several factors, consisting of the amount of incoming claims. Anyone who submits a work requirements claim receives a verification and is designated a claim number. You will be contacted by the ministry once the claim has actually been designated for examination.

The process can take numerous months. For the most part, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO finishes the investigation, provides a written choice and takes enforcement action if essential.

To avoid delays with processing your claim, please ensure all information is proper and supporting documents are submitted. If you are sending a problem, you must sign up for the claimant website so you can visit to see where your complaint remains in the procedure.

In Ontario, you may sue with the Ministry of Labour, Immigration, Training and Skills Development if you think the Employment Standards Act (ESA), Employment Protection for Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being violated. 
 If you have actually lost your job, please go to Employment Ontario to find out how they can assist you get training, construct abilities or discover a new job. 
 Suing 
 You can file a claim online for any concerns associating with the [Employment](https://www.uaehire.com) Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA). 
 File a claim 
 You can likewise sue online for issues associating with the Protecting Child Performers Act (PCPA). 
 File a PCPA claim 
 Watch the filing a claim video to understand what to expect when filing an employment requirements claim 
 If you have already started a claim 
 If you have already begun or submitted a claim through the claimant portal, you can: 
 - sign in to continue your claim
 - examine the status of your claim
 - upload documents to your claim.
 
Creating a My Ontario account 
 If you have actually previously registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ produce account button and produce a My Ontario account using the very same e-mail address that was used when you registered in the claimant portal. If you do not utilize the same e-mail address, you will not be able to see any of your previously sent claims. If you require assistance, please call the Employment Standards Information Centre. 
 Sign-in/ develop account 
 Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and utilize the portal. 
 Internet internet browser requirements 
 To submit a claim online utilizing e-claim or to access the claimant website you should utilize: 
 - Chrome
 - Firefox
 - Microsoft Edge
 - Safari
 
Other internet browsers may work, however they are not supported by the e-claim or claimant website. 
 PDF claim forms 
 You can also submit an ESA or EPFNA claim utilizing the PDF claim form. 
 Submit your claim by: 
 - fax to 1-888-252-4684 or
 mail to: 
 Provincial Claims Centre
Ministry of Labour, Immigration, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4 
 
[Employment](https://dev-members.writeappreviews.com) Standards Act claims 
 Most workers operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some staff members who are covered by the ESA have special rules and/or exemptions that may use to them. 
 A claim might be made when you think your company has actually violated your rights under the ESA. 
 Examples of ESA violations include: 
 - Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, getaway pay or other wages they are entitled to under the ESA.
 - Not supplying a worker with time off for an entitled leave of lack under the ESA or penalizing a staff member for taking such a leave.
 - Not supplying a worker with wage declarations or other needed files.
 
To learn more, check out Your Guide to the [Employment](https://skillfilltalent.com) Standards Act or the Guide to special guidelines and [equipifieds.com](https://equipifieds.com/author/heikebiddle/) exemptions. 
 The ESA is not the only law that applies to Ontario workplaces. The rules under the ESA are minimum requirements. You might have greater rights under: 
 - a work contract
 - collective contract
 - the common law
 - other legislation
 
If you have concerns about your entitlements, you might want to get in touch with an attorney. 
 Time frame for submitting an ESA claim 
 There are time frame that use to filing an ESA claim. Generally, you must file a claim within 2 years of the alleged ESA infraction. If you submit a claim within the two-year limitation a work requirements officer will examine the claim. 
 Similarly, if your company owes you incomes, the wages need to have been owed to you in the 2 years before your claim was filed for the wages to be recoverable under the ESA. 
 Employment Protection for Foreign Nationals Act claims 
 A claim may be made when you believe your employer or an employer has actually broken your rights under the EPFNA. 
 The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign short-term employee program. For example, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you. 
 Examples of EPFNA offenses include: 
 - a recruiter charging you any charges
 - an employer charging you for employing costs (with limited exceptions).
 - an employer or company holding onto your property (such as a passport).
 - an employer or employer penalizing you for asking about or exercising your EPFNA rights.
 
Foreign nationals utilized in Ontario also have rights under the ESA. For instance, if you are not being paid all wages owed, you may be able to sue under the ESA. 
 Time frame for filing an EPFNA claim 
 Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work standards officer can generally release an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim. 
 Find out more about your rights under the EPFNA. 
 Protecting Child Performers Act claims 
 The Protecting Child Performers Act (PCPA) provides particular workplace defenses to kid performers who are under 18 years of age working in the live and documented show business. 
 It includes minimum rights with respect to hours of work, breaks and payment of travel costs. 
 The PCPA applies to: 
 - kid entertainers.
 - their moms and dads.
 - their guardians.
 - employers.
 
Sections are implemented by the Health and Safety Program or the Employment Standards Program. 
 Find out more about the rights of kid performers under the PCPA and check out the Child Performers Guideline. 
 Filing a PCPA claim 
 You can submit a PCPA claim if you think workplace protections have not been provided to a kid performer in Ontario. Suing is free. 
 To sue, you should be either: 
 - a child performer under 18 years of age.
 - the parent or guardian of a kid performer under 18 years of age.
 
The kid performer must not be covered by a cumulative contract. 
 To sue: 
 Download the claim type from the kinds repository and wait to your computer.
 1. Open the form with Adobe Reader (download Adobe Reader totally free).
 2. Fill in the form with all the needed details.
 3. Select the "submit by e-mail" button within the form to send your claim.
 
Please just submit your claim when. 
 After you submit a claim: 
 - You will get an email verification that includes your claim number.
 Ministry of Labour, Immigration, Training and Skills Development personnel will investigate your claim as quickly as possible.
 
Time limits to filing a PCPA claim 
 Generally, a PCPA claim should be filed within two years of the supposed PCPA violation. 
 When a claim can not be filed 
 Generally, a claim can not be submitted if: 
 - you have taken court action versus your company for the same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you need to withdraw your sent claim within two weeks after it is filed.
 
 This claim type is not planned for you if: 
 - you operate in an industry that falls under federal jurisdiction.
 - you wish to submit a grievance about occupational health and security.
 - you wish to file a human rights complaint under the Human Rights Code.
 - you wish to sue with the Workplace Safety and Insurance Board (WSIB).
 
What to anticipate after you submit a claim 
 Claims are examined in the order that they are gotten. The amount of time it considers a claim to be appointed varies, depending upon several factors, consisting of the amount of incoming claims. Anyone who submits a work requirements claim receives a verification and is designated a claim number. You will be contacted by the ministry once the claim has actually been designated for examination. 
 The process can take numerous months. For the most part, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO finishes the investigation, provides a written choice and takes enforcement action if essential. 
 To avoid delays with processing your claim, please ensure all information is proper and supporting documents are submitted. If you are sending a problem, you must sign up for the claimant website so you can visit to see where your complaint remains in the procedure.