What should you do if your employer does not pay your salary?

Non-payment of wages is a serious violation of labor law that can have devastating consequences for workers and their families. In Alberta, including Calgary, there is a comprehensive system of legal protections for workers who find themselves in this situation. Understanding the options available and the legal mechanisms is critical to obtaining proper compensation and protecting your employment rights.

The problem of unpaid wages is significant in Alberta. According to provincial government data, Alberta employers owed workers more than $2.3 million as of the end of 2024, with 188 employers having outstanding court judgments against them. In the first four months of 2025 alone, employers already owed workers over $800,000. These figures underscore the urgency of the problem and the importance of knowing your rights and options for protecting them.

Understanding your rights under the Employment Standards Code

Employment Standards Code sets out clear rules for the payment of wages:

  • Employers must pay wages at least once a month or more frequently (weekly, biweekly, twice a month).
  • Wages must be paid no later than 10 days after the end of the pay period, if employment continues.
  • Upon termination, the employer must pay the amount earned within 10 days after the end of the pay period in which the termination occurred, or within 31 days after the last day of work.

It is important to understand that employers cannot withhold wages arbitrarily. Withholding is only possible when required by law, with the written consent of the employee, or by court order.

First steps in case of non-payment of wages

  1. Communicate with your employer.
  • Immediately contact your employer in writing with a clear request for payment.
  • Explain the situation in detail: the periods for which you are owed wages and the amount.
  • Keep copies of all communications; record the dates and results of conversations.
  1. Demand specific payment dates.
  • Do not accept vague or illegal explanations such as “we are waiting for payment,” “something is wrong with your hours,” or “you quit without notice.”

Collecting and organizing documents

In parallel with contacting your employer:

  • Collect all pay slips, timesheets, employment contract (and any amendments), and correspondence.
  • Bank statements will help show what funds were received and when.
  • Keep a personal chronological list of hours/days worked.
  • Organize copies of all letters/messages from your employer.

Filing a complaint with Employment Standards

If the problem is not resolved:

  1. Check the criteria:
  • You work/worked under the Alberta Employment Standards Code.
  • The problem concerns non-payment of wages (or overtime, vacation, holiday pay).
  1. Follow the deadlines:
  • You can file a complaint within 6 months of your last day of work or while you are still employed.
  • Submit your complaint through the Alberta Employment Standards online portal (register for an account and fill out the form in detail).
  1. Attach documents: pay slips, timesheets, contract, correspondence.

Employment Standards investigation process

  • Eligibility check.

  • A copy of the complaint is sent to the employer requesting an explanation and payment.

  • If the employer pays voluntarily, the case is closed.

  • If not, an inspector is appointed to investigate (with the right to request documents, visit the office, and communicate with witnesses).

  • Submission of documents is mandatory! Refusal will result in additional fines and sometimes criminal prosecution.

Enforcement and collection measures

  • Once the violation is confirmed, an Order of Officer is issued — an obligation to pay the debt.
  • The order has the force of a court decision (Court of King's Bench) and can be enforced through seizure of accounts, property, or third parties.
  • Employment Standards may refer the debt to a collection agency (with the employee's consent) — the agent collects a commission from the employer.

Filing a claim in small claims court

For debts up to $100,000, you can file a claim with the Alberta Court of Justice Civil Division (Small Claims Court).

  • It is recommended that you first send a written demand (with the amount, reason, payment/settlement date, and warning of possible legal action).
  • The filing fee is $100 (up to $7,500) or $200 (from $7,501 to $100,000).
  • Advantages: you can enforce the debt through the courts; interest is charged.

Legal assistance

  • In complex circumstances (large amount of debt, constructive dismissal, negligence, series of violations) — consult an employment lawyer.
  • Many firms in Calgary offer free consultations or work on a contingency fee basis.

Support resources for employees

  • Workers' Resource Centre: 999 8 Street SW (tel. 403-264-8100, 1-844-435-7972), provides free practical assistance with Employment Standards, Human Rights, insurance, appeals, communication with employers and governments. English and Spanish.
  • Calgary & District Labour Council: advice on Alberta Employment Standards.
  • Employee Rights Hotline: 1-877-427-3731.

Protection from employer retaliation

  • An employer does not have the right to fire/deteriorate the conditions/persecute an employee for filing a complaint or even for intending to do so.
  • In case of retaliation, file an additional complaint; the Employment Standards Code expressly prohibits this and provides for sanctions.

Time frames and specifics

  • Simple cases: resolved in a few weeks.
  • Complex/disputed: take months.
  • Small claims court: from one month to several months.
  • Legal assistance: often speeds up the settlement, especially if the employer responds to letters from a lawyer.

Complications

  • Employer bankruptcy: chances of full recovery disappear, the employee has creditor status but is not always satisfied. Assistance may be available through government insurance programs.
  • Incorrect classification: if you are registered as an independent contractor but actually worked as an employee, the process is more complicated — consult a lawyer!

Conclusion: Non-payment of wages is not a dead end. Alberta's modern employee protection system provides effective tools to restore justice. The main thing is to act quickly, document all steps, and not be afraid to stand up for your rights.