Hi,

I was recently wrongfully dismissed in November of 2011. My former employer has owed me back pay from January of 2011 to July of 2011. I was employed as a bartender in a nightclub. I brought up the fact that I was not receiving cheques multiple times. However, it seems to be a common practice that this employer does not issue bartenders hourly wages because he believes we make enough in tips.

I did not file a complaint of any sorts because of the nature of the employment. More specifically, if I did complain about the back pay, I would have received less/worse shifts.

Under the ESA Act 2000, the statute of limitations to file a claim for back pay is 6 months. Therefore, I cannot retrieve my back pay through the Labor Board. I would like to know what the statute of limitations is under civil law for this matter. I have also reached out to my former employer plenty of times since being dismissed, and have tracked every e-mail, given a record of back pay wages. The e-mails prove on a balance of probabilities that I am monies, in fact, I am asking for less than I am owed. Any advice helps. Thank you.

Sincerely,

JS

I did not find that 6 month limit, I read you have 2 years to file a complaint with the ministry that the act has been violated. Seems like your old boss violated Part V, section11, paragraph 5A