When you’re offered a new job in Ontario, your employer may hire you “on probation.” Probation is like a trial period, allowing the employer to see if you’re the right fit for the job before confirming your employment. Here’s what you need to know about probationary periods, your rights while on probation, and what happens when probation ends. ✅  What Is a Probation Period? Probation is a specific time frame, usually 3 to 6 months, but it can be longer if agreed upon in your employment contract. You are only on probation if your job offer or contract clearly says so. During probation, the employer evaluates your performance, reliability, and suitability for the job. ✅  Do You Get Benefits While on Probation? Some employers delay certain employment benefits until probation is over. For example: Health benefits like prescription drug coverage Dental care benefits Other company perks This is allowed if it’s stated in your contract or company policy. ✅  Can You Be Fired While on Probation? Yes, you can be terminated during probation, but you still have legal rights. Under Ontario’s Employment Standards Act (ESA): If you’re fired within the first 3 months, your employer does not have to give notice or termination pay. If you’re fired after working more than 3 months, your employer must give you: Written notice of termination, OR Termination pay (paying you what you would have earned during the notice period) For example, if you worked more than 3 months but less than a year, the ESA requires at least one week’s notice or one week of termination pay. However, your employer may still fire you without notice if they have a valid legal reason (such as serious misconduct). ✅  Human Rights Still Apply During Probation Even during probation, you’re fully protected by the Ontario Human Rights Code. This means your employer cannot fire you for discriminatory reasons, such as: Pregnancy or plans to have children Race, colour, ancestry, ethnic origin, or citizenship Religious beliefs Physical or mental disability Gender, gender identity, gender expression, or sexual orientation If you’re terminated for a reason that violates your human rights, you may be able to make a human rights claim. ✅  What Happens When Probation Ends? When the agreed probation period ends, your employer can: Confirm your employment – You have passed probation and keep your job. Extend probation – Only if you agree to an extension. Terminate employment – With proper notice or pay if you’ve worked more than 3 months. If your probation period ends and the employer does nothing and says nothing, you automatically continue as a regular employee. ✅  Next Steps for Employees on Probation Understand your probation terms Read your employment contract carefully to know the length and conditions of probation. Keep track of your probation end date If your employer doesn’t act when probation ends, you’re no longer on probation. Know your rights Even on probation, you have rights under the ESA and Human Rights Code. Get legal advice if you’re fired A licensed paralegal or lawyer can help you understand if your termination was legal and if you’re owed notice, termination pay, or have a claim for discrimination. Conclusion Being hired on probation doesn’t mean you have no rights. While it’s a trial period for your employer, you’re still protected by Ontario employment laws. If you’re fired after 3 months, your employer must provide proper notice or pay, and they cannot fire you for discriminatory reasons at any time. If you’re on probation or have been fired during or after probation and are unsure about your rights, Situ Legal Services  can help you: Review your employment contract Explain your rights under the Employment Standards Act Determine if you’re owed termination pay or if you have a human rights claim 👉 Click here to book a confidential consultation  and protect your rights as an employee in Ontario.

When you want to rent a home or apartment in Ontario, you’ll usually need to fill out a rental application or provide some information to the landlord. But what are they legally allowed to ask—and what questions cross the line into discrimination? Here’s what you need to know before applying for a rental unit. ✅  What Landlords Are Allowed to Ask Before deciding whether to rent to you, a landlord can ask for basic, relevant information about your ability to pay rent and maintain the rental unit. For example: Your income They can ask what your income is. Employment information They can ask if you work and where you work. Who will live in the unit How many people will live with you and their names. Pets Whether you have pets (but in most cases, “no pet” clauses in leases are not enforceable under the Residential Tenancies Act). Smoking Whether you or other tenants will smoke inside the unit. Credit checks They can ask for permission to run a credit check. Rental history References from past landlords. Guarantor or co-signer In some cases, they can ask if you have someone who can guarantee the rent. These questions are generally allowed because they relate to whether you can afford the rent and comply with lease terms. ❌  What Landlords Are NOT Allowed to Ask Under the Ontario Human Rights Code, a landlord cannot ask questions that could be used to discriminate against you based on a protected ground like family status, religion, race, or disability. This means they cannot ask: If you are pregnant or have children If you plan to have children or have more children If you are married, single, or divorced Your religion, ethnic background, or race Your sexual orientation Whether you receive welfare or other public assistance Whether you have a disability Your age (even if you’re 16 or 17 but living independently) Whether you are a Canadian citizen If a landlord asks any of these questions or refuses to rent to you because of your answers, it could be considered discrimination under the Human Rights Code. ✅  What If a Landlord Uses a Rent-to-Income Ratio? Some landlords use a “rent-to-income ratio” (for example, requiring that rent not exceed 30% of your income). The Ontario Human Rights Commission says this practice can be discriminatory, especially against newcomers or people with lower incomes. Landlords should instead consider all rental history, references, and credit information together rather than relying on income ratio alone. ✅  What Can You Do If a Landlord Discriminates? If a landlord asks illegal questions or refuses to rent to you for a reason that goes against the Human Rights Code, you can: Try to educate the landlord Politely explain that Ontario law doesn’t allow discrimination based on family status, age, disability, or other protected grounds. Keep records Save emails, messages, or notes of what was said. File a human rights claim If you believe you were denied housing because of discrimination, you can file a claim with the Human Rights Tribunal of Ontario. The Tribunal can order the landlord to: Compensate you for damages Offer you the rental unit Change their rental application practices ✅  Next Steps When Applying for a Rental Be prepared to provide basic financial and rental history Know your rights under the Ontario Human Rights Code Recognize when a question is discriminatory Seek legal advice if you believe you were denied housing unfairly Conclusion When applying for a rental unit in Ontario, a landlord can ask about your income, employment, rental history, and references. However, they cannot ask discriminatory questions about your family, age, religion, citizenship, disability, or other protected grounds. If you’ve been denied housing for a reason that seems discriminatory, Situ Legal Services  can help you: Understand your housing rights Gather evidence of discrimination File a claim with the Human Rights Tribunal of Ontario 👉 Click here to book a confidential consultation  and protect your rights when applying for rental housing.

If you’re renting a home or apartment in Ontario, you have the right to decide who you invite into your home. Your landlord cannot stop you from having guests, just like homeowners have the right to invite whomever they want. However, there are some important rules and responsibilities to understand. ✅  Your Right to Have Guests Under Ontario’s Residential Tenancies Act (RTA), you have the right to: Invite family, friends, or other guests to visit you. Decide who stays with you in your unit. If your landlord tries to control who can visit you, this could be considered harassment, which is illegal. ❌ When Guests Can Cause Problems Even though you have the right to have guests, you are responsible for what your guests do while they are on the property. Your landlord can take action if: Guests cause damage to the unit or the building. Guests disturb other tenants or the landlord, for example, with loud noise or unsafe behavior. Guests make the building unsafe for others. In these cases, the landlord could: Ask you to pay for damages. Give you a warning. Try to evict you if the problems are serious or continue. ✅  Can a Landlord Charge Extra Fees for Guests? In most cases: Your landlord cannot charge extra fees just because you have guests staying with you. Your landlord cannot raise your rent simply because someone visits or stays temporarily. Ontario’s rent increase guideline protects most tenants from unfair rent hikes. But: If your unit is not covered by the guideline, the landlord might be able to raise the rent without giving a reason (but must still give you 90 days’ written notice). ✅  What About Subsidized or Income-Based Housing? If you live in subsidized housing or rent-geared-to-income (RGI) housing, there may be different rules: If someone stays with you for more than a certain number of days (for example, 30 days in a 12-month period in Toronto Community Housing), you may have to report their income. If their income is counted, your rent could go up or your subsidy could change. If you live in RGI housing, ask your landlord or housing provider for a copy of their guest policy, or talk to your local community legal clinic for help. ✅  Local By-Laws on Occupancy Limits Some cities and municipalities have by-laws that limit how many people can live in a unit based on its size. If too many people are living in your rental unit and it violates local by-laws, the landlord could ask some people to leave. If you don’t comply, they might try to evict you. You can contact your city hall or local councillor to find out about occupancy by-laws in your area. ✅  What Should You Do If Your Landlord Tries to Stop You From Having Guests? Remind them of your rights under the Residential Tenancies Act. Document everything—keep emails, letters, or texts from the landlord. Get legal help if your landlord continues to harass you or threatens eviction. Conclusion In Ontario, your landlord cannot stop you from having guests, but you are responsible for their behavior. They cannot charge you extra fees or raise your rent simply because you have visitors, unless you live in subsidized housing with special rules. If your landlord is trying to restrict your guests or threatening eviction unfairly, Situ Legal Services  can help you: Understand your tenant rights Deal with landlord harassment or illegal rent increases Represent you at the Landlord and Tenant Board if needed 👉 Click here to book a confidential consultation  and protect your rights as a tenant in Ontario.

If you’ve taken your car to a repair shop in Ontario, you have legal protections under the Consumer Protection Act and the Repair and Storage Liens Act. A repair shop cannot just surprise you with a huge bill without following certain rules. Here’s what you need to know about written estimates, your rights, and what to do if you’re overcharged. ✅  If You Got a Written Estimate When you ask for a written estimate, the repair shop: Must tell you the cost of providing the estimate. Cannot charge more than 10% above the estimate without your permission. Example: If the written estimate was $1,000, the shop can charge up to $1,100, but no more than that. Always ask for a written estimate and never sign a blank estimate or work order, because it gives the shop permission to do whatever work they want. ✅  If You Agreed to a Maximum Amount Sometimes, instead of an estimate, you and the repair shop agree to a maximum repair cost. In that case, the repair shop cannot charge more than the maximum amount you agreed to. ❌ If There Was No Estimate or Maximum Amount If the shop did not give you an estimate and you didn’t agree to a maximum amount, they cannot legally charge you for the work. They should have offered you a written estimate first. ✅  What a Repair Shop Must Do by Law In Ontario, the law says a repair shop must: Offer a written estimate before starting work. Not do any work without your permission. Clearly display the cost of services and labour rates. Tell you if their staff works on commission for selling parts or services. Give you a detailed invoice when the work is done, including: The date you authorized the repairs. The date the work was finished. The odometer reading when the repairs were completed. A detailed breakdown of parts, labour, and any other charges. Information about any warranties. Your rights under the Consumer Protection Act. If the shop doesn’t follow these rules, you have the right to dispute the bill. ❌ Repairs You Didn’t Agree To A repair shop cannot do work you didn’t agree to. If they do unauthorized work, you don’t have to pay for it. They also cannot keep your car for unauthorized repairs. ✅ What If You Don’t Pay the Bill? If the shop followed the rules and you agreed to the work, they can keep your car until you pay. If you don’t pay for more than 60 days, they can legally sell your car to recover the costs. But they cannot keep your car if they did extra or different work you didn’t authorize. If you need your car right away, you can: Pay the bill to get your car back. Then take legal action (for example, sue in Small Claims Court) to recover overcharges. ✅  What to Do If You’re Overcharged Talk to the Repair Shop Immediately If they charged more than 10% above the estimate, more than the agreed maximum, or for work you didn’t authorize, ask for a refund. Put Your Complaint in Writing Write a clear complaint letter that includes: Your name and address The shop’s name and address The date you authorized the work The work done and the price charged Why you disagree with the charges How you want the problem solved (e.g. refund the overcharged amount) A deadline for their response (3 weeks is reasonable) Include copies of your receipts and documents. Send it by registered mail and keep a copy for yourself. Complain to the Ministry of Public and Business Service Delivery If the repair shop doesn’t fix the problem, the Ministry can investigate and order the shop to follow the law. Go to Small Claims Court If you’re asking for $35,000 or less, you can sue the shop in Small Claims Court. You must file your claim within 2 years of learning about the problem. ✅  Special Small Claims Court Process for Auto Repairs If the shop won’t give your car back unless you pay, you can use a special process under the Repair and Storage Liens Act: Pay the full amount of the bill to the court (not to the repair shop). The shop must return your car within 3 days. The court then decides how much the shop should get and how much should be refunded to you. Ask the court for Form 2 – Repair and Storage Liens Act and the Guide to Money Paid into Court. Conclusion In Ontario, a repair shop cannot charge you more than 10% over a written estimate and cannot do unauthorized work. If they overcharge you, you have the right to dispute the bill, complain to the Ministry, or take the shop to Small Claims Court. If you’ve been overcharged or your car is being held unfairly by a repair shop, Situ Legal Services  can help you: Write a formal complaint letter File a claim with the Ministry of Public and Business Service Delivery Represent you in Small Claims Court to recover your money. 👉 Click here to book a consultation and get professional legal help with auto repair disputes in Ontario.

Many renters in Ontario wonder if having a pet will affect their chances of finding a place to live. The rules about pets can be confusing, so it’s important to know what your landlord can and cannot do. Here’s everything you need to know about renting with pets in Ontario. ✅  Before You Move In: A Landlord Can Refuse You Because of a Pet When you’re applying for a rental unit, the landlord can ask if you have a pet. They’re also allowed to reject your rental application simply because you have a pet. This means if you’re still in the application stage, a landlord doesn’t have to rent to you if they don’t want tenants with pets. ✅  After You Move In: No Pets Clauses Are Void Once you have already signed a lease and moved in: Your landlord cannot evict you just for having a pet, even if your rental agreement says “no pets.” In Ontario, “no pets” clauses in rental agreements are void under the Residential Tenancies Act. So, after you move in, your landlord cannot legally force you to leave just because you have a pet. ❌  When a Landlord Can Make You Remove a Pet or Try to Evict You Even though your landlord can’t evict you simply for having a pet, they can apply to the Landlord and Tenant Board (LTB) if your pet causes serious problems. The LTB may evict you if your pet: Is dangerous to other tenants or the landlord Makes unreasonable amounts of noise (for example, a dog barking constantly) Causes serious damage to the rental property Causes severe allergic reactions for someone else in the building Is not allowed under condo rules, local by-laws, or provincial laws (for example, exotic animals or banned dog breeds) Is not properly cared for, causing health or safety issues for others In these cases, the landlord might give you the option to rehome the pet instead of being evicted. ✅  How to Show Your Pet Won’t Be a Problem If your landlord is worried about your pet, you can help reassure them by showing you’re a responsible pet owner. For example: Provide references – a letter from a previous landlord saying your pet wasn’t a problem, or from a vet confirming your pet is well cared for. Take photos of your current home to show it’s clean and undamaged. Explain your care plan (for example, you have a dog walker or your pet is crate-trained). Show proof of pet licenses or required vaccinations. Offer to let the landlord meet your pet. This can help build trust and avoid conflicts later. ✅  Local By-Laws and Breed Restrictions Some cities in Ontario have local by-laws limiting certain animals or the number of pets you can have. For example: Certain exotic animals may be banned. Some cities still ban pit bulls under provincial law. You might need to get a license for your dog or cat. If you break local by-laws, your landlord may have a valid reason to ask you to remove your pet or face eviction. ✅  Key Takeaways Before you move in, a landlord can legally refuse to rent to you if you have a pet. After you move in, “no pets” clauses are not enforceable, but you must ensure your pet does not cause problems. You could face eviction if your pet is dangerous, noisy, causes damage, triggers severe allergies, or violates local by-laws. Conclusion In Ontario, you have strong tenant protections, but also responsibilities as a pet owner. A landlord cannot evict you just for having a pet after you’ve moved in, but they can take action if your pet creates serious issues. If your landlord is threatening eviction because of your pet, or you’re unsure of your rights, Situ Legal Services  can help you: Understand your rights under the Residential Tenancies Act Respond to landlord complaints about pets Represent you at the Landlord and Tenant Board if necessary 👉 Click here to book a consultation and protect both your home and your pet.

If you're applying for a job in Ontario, you might wonder whether employers can ask about your criminal past. The answer is: it depends  — on the type of information they want, the nature of the job, and how your record is classified. This article breaks down when these questions are legal, what rights you have, and how to respond. What Employers Are Legally Allowed to Ask Employers in Ontario are generally permitted to ask if you’ve been convicted of a criminal offence for which you have not received a record suspension  (previously called a pardon). If you have a record suspension , you’re not legally required to disclose the offence, and the employer cannot ask about it . Employers can legally decline to hire you based on an existing criminal conviction , unless the record has been suspended. What They Usually Cannot Ask Most employers cannot: Ask about provincial offences , like speeding or careless driving (these are not criminal offences and do not form part of a criminal record). Ask about youth criminal records , unless they are a government agency permitted to do so. Ask about crimes you were charged with but not convicted of , or about being questioned or detained by police . Employers also cannot access your youth record  unless permitted by law, and you’re not allowed to share it  while it is still open. What If the Job Involves Trust or Safety? Some positions involve working with children, seniors, or vulnerable people. In these cases, the employer may request a vulnerable sector check  — a more detailed background review. A vulnerable sector check can include: Convictions for specific offences (even if you received a pardon) Charges where you were found not criminally responsible due to mental illness Certain non-conviction records  (like dismissed or withdrawn charges), but only if they meet strict legal criteria and relate to vulnerable persons The law allows this only when it’s truly necessary for the job and where the employer is responsible for the well-being of vulnerable individuals. Three Types of Police Record Checks If an employer requests a background check, they must get your written consent . Ontario law recognizes three main types of checks: Criminal Record Check – Includes only convictions that have not  been pardoned – Excludes summary convictions over 5 years old Criminal Record and Judicial Matters Check – Includes the above, plus  conditional/absolute discharges, outstanding charges, and certain court orders Vulnerable Sector Check – Includes all of the above, plus  specific non-conviction information – Applies only if the job involves authority or trust  over vulnerable people By law, you must be allowed to see the results first and decide whether to share them with the employer. What If You Don’t Consent? You are not legally required  to consent to a police check. However, if you refuse , the employer can choose not to hire you . If you’re concerned about what might show up, you can request to review the results before deciding to share them. Can I Challenge or Limit What’s Shared? Yes. If a vulnerable sector check  includes non-conviction information , you can request a reconsideration  within 45 days. This lets you challenge the inclusion of sensitive details that may unfairly affect your chances. You may also be eligible to apply for a record suspension through the Parole Board of Canada , but there are strict timelines (5 to 10 years after sentence completion) and legal requirements to meet. What to Do If You're Concerned If you’re applying for a job and worried about your criminal history: Ask what kind of check will be required Clarify what information is relevant to the job Consider requesting a meeting to explain your record Speak to an employment counsellor  for guidance Get legal advice  if you believe you’re being treated unfairly Conclusion While employers in Ontario can ask about some criminal history, the law strictly limits what they can request, when they can request it, and how the information may be used. Understanding your rights can help you apply with confidence — and protect yourself from discrimination. If you’ve been denied a job or treated unfairly because of your police record, or need to apply for a record suspension/pardon. contact Situ Legal Services . We can help you: Understand what information your employer can legally request Respond to police check requirements File a complaint if your rights were violated Erase your criminal record 👉  Book a consultation today  and get trusted guidance on protecting your employment rights in Ontario.

If you’ve been offered a job or trial shift in Ontario, you might be wondering whether the employer is legally required to pay you. Some businesses ask new hires to complete unpaid training or trial shifts — but in most cases, this is against the law . Here’s what you need to know about your right to be paid under Ontario’s Employment Standards Act (ESA) . ✅ You Usually Must Be Paid for Training or Trial Work In Ontario, most employees are entitled to be paid at least minimum wage  while they are: Being trained while performing duties Working a trial shift This applies even if you agreed to work for free , or if the employer calls it “training” or an “internship.” If you’re doing work that benefits the employer , you should be paid for it. Examples where wages are required: Learning to use a cash register or filing system Shadowing staff at a restaurant or retail store Participating in workplace health and safety training Operating equipment used in day-to-day work Even short trial shifts are considered work under the ESA — and work means wages. ⚖️ The Law: Employment Standards Act (ESA) The Employment Standards Act, 2000  sets out minimum standards for most workers in Ontario, including rules about: Minimum wage Hours of work Overtime pay Public holidays Vacation pay If your job falls under the ESA, then your employer must pay you for all hours worked , including training time and trial shifts. Some industries have exemptions or special rules , so it’s always a good idea to check with the Ministry of Labour’s official list to see if your position is covered. ❌ When Employers Do Not Have to Pay for Training There are limited exceptions when an employer does not need to pay you: 1. Voluntary Training Not Required for Your Job If you choose to take extra training that your employer didn’t require — for example, leadership development or cross-training for another role — they do not have to pay you. 2. Unpaid Student Placements If you're: Completing a high school co-op placement Participating in a college or university program that includes unpaid fieldwork ...your employer is not required to pay you. These types of unpaid roles are permitted by the ESA as part of academic programs. ⚠️ Trial Shifts in Restaurants and Retail Many workers — especially in food service or retail — are asked to do an unpaid “trial” or “test” shift. This is common but not legal in most cases. If you're helping with real work (serving customers, preparing food, cleaning, restocking, etc.), you must be paid at least minimum wage  for the time you spend doing it. 💡 What to Think About Before Saying Yes to Unpaid Work If you’re asked to work for free, here are some things to consider: An employer who won’t pay you for your time may not respect your rights in the future. Even if you agree to work unpaid, you may still be legally entitled to wages . You have up to 2 years  to file a claim for unpaid wages with the Ministry of Labour . 🧾 How to Make a Claim If your employer did not pay you for training or a trial shift, you can: Gather proof , such as: Employment offer or contract Time sheets or notes showing hours worked Any emails or texts about the training or trial shift Contact the Ministry of Labour You can file a claim online for unpaid wages The Ministry may investigate and order your employer to pay you Seek legal advice ✅ Conclusion: Know Your Rights Before You Start Working In most cases, Ontario workers must be paid for training and trial shifts , regardless of what the employer calls it. If the job is covered by the ESA, your time is worth wages — plain and simple. If you're unsure whether your unpaid work was legal or want to recover what you're owed, Situ Legal Services  can help: Review your job offer or employment contract Help you file a Ministry of Labour claim Advocate for your workplace rights 👉  Book a consultation today  and protect your right to fair pay from day one.

If you’ve recently lost your job in Ontario, you may be wondering whether you’re entitled to severance pay . While many people assume severance is automatic, it’s important to understand that severance pay is not the same  as termination pay. Under Ontario’s Employment Standards Act (ESA) , severance pay is a separate and additional  payment that only applies to certain employees in specific situations. Here’s what you need to know about whether you qualify, how it’s calculated, and what to do if your employer doesn’t follow the rules. ✅ Severance Pay vs. Termination Pay Many workers confuse severance pay  with termination pay  (also called pay in lieu of notice). Termination pay is compensation for not receiving advance notice before your job ends. Severance pay, on the other hand, is extra compensation  for long-term employees who experience significant job loss. You may be entitled to both —but they are calculated and paid differently. 👤 Who Qualifies for Severance Pay in Ontario? You’re entitled to severance pay only if you meet both of the following conditions : 1. You have worked for your employer for at least 5 years, and 2. One of the following applies: Your employer has an annual payroll of at least $2.5 million , or 50 or more employees  are being terminated within a 6-month period due to business cutbacks or closure. If you meet these conditions, you likely qualify  for severance pay under the ESA. Because the rules are complex, you can use the Ministry of Labour’s Severance Pay Calculator  to check your eligibility. ❌ When You Might Lose the Right to Severance Pay Even if you meet the general criteria, some exceptions apply. You may lose your right to severance  if: Your employer closes their business due to a strike  that made continued operations impossible. Your employer offers you another reasonable job , and you refuse to accept it. Each situation is different, and legal advice can help you assess your options if your employer claims you’re not entitled. 📊 How Much Severance Pay Will You Get? The basic formula under the ESA is: 1 week of regular wages per year of service , up to a maximum of 26 weeks . For example: If you worked 8 years, you may be entitled to 8 weeks  of severance pay. If you worked 30 years, the maximum you can receive is 26 weeks . The Ministry’s calculator can help you estimate the exact amount based on your employment history. ⏱️ When Will You Receive Severance Pay? Your employer must pay you severance by the later of the following two dates: 7 days after your job ends , or Your next regular payday 📅 Can Severance Be Paid in Installments? Yes—but only if: You agree in writing , or The employer gets approval from the Director of Employment Standards Even then, your employer must finish paying the total amount within 3 years . If they miss a payment , they must pay the full remaining amount immediately . 🛠️ What If Your Employer Refuses to Pay Severance? If your employer doesn’t pay you severance when you’re entitled to it, you can: Contact the Ministry of Labour File a claim for unpaid severance pay The Ministry may investigate and order your employer to comply Seek Legal Help A licensed paralegal or employment lawyer can help you calculate what you’re owed and represent you in a claim You generally have 2 years  from the date your employer owed you the payment to make a claim. 🧾 Are You Covered by the ESA? Not all jobs in Ontario are covered by the ESA. Some industries have exemptions or special rules . To find out if your job is covered, check the Ministry of Labour’s list of exemptions . ✅ Conclusion Severance pay is a valuable protection for long-term employees in Ontario, but it doesn’t apply to everyone. If you’ve worked at your job for at least 5 years and your employer meets the qualifying conditions, you may be entitled to up to 26 weeks of severance pay —on top of your termination entitlements. If you’re unsure whether you qualify or believe your employer hasn’t paid you fairly, Situ Legal Services   can help: Review your employment and severance rights Calculate what you’re owed File a Ministry of Labour claim if necessary 👉  Book a consultation today  to protect your legal and financial rights after job loss.

If you work in a job where customers leave tips — like a restaurant server, hair stylist, delivery driver, or nail technician — you might be wondering: Do I get to keep my tips? In most cases, yes.  Ontario’s Employment Standards Act (ESA)  says that tips and gratuities belong to the worker who receives them. But there are a few exceptions and important rules to know. This article will help you understand your rights and what to do if your employer isn’t playing fair. ✅ The General Rule: You Keep Your Tips According to the ESA, your employer cannot take your tips or share them with people who don’t normally receive them . Tips are not wages , and you’re still entitled to minimum wage  even if you earn a lot in tips. ⚖️ When Tip Pooling Is Allowed Some employers set up a tip pool , where all or some of the tips are combined and shared among employees. This is legal as long as the employer follows the rules. Your employer can require tips to be pooled and shared  among staff. They can decide how the tips are divided , as long as it's reasonable. Owners or managers  generally cannot  take part in the tip pool — unless they: Own part or all of the business and Regularly do the same work  as other staff who typically earn tips (e.g., serving food, cutting hair) Example: A restaurant owner who spends most of their time helping on the floor and serving food can  legally take a portion of the tip pool. But a manager who only supervises staff cannot  take tips unless they meet the criteria above. 📃 Employment Contracts and Tip Policies If you have a written employment contract , check whether it explains the rules about tips and tip sharing. Many workplaces also have written policies about how tips are collected and distributed. Even if you agreed to share tips or join a tip pool, your employer must still comply with ESA rules. What If You’re Federally Regulated? Some jobs in Canada are covered by federal law instead of Ontario’s ESA. This includes: Banks Airlines Interprovincial trucking Broadcasting companies These jobs fall under the Canada Labour Code , which does not have specific rules about tips . That means your employer may have more flexibility  in deciding how tips are handled — unless your employment contract or company policy says otherwise. 💸 Minimum Wage and Tips Are Separate Remember, tips are not considered wages  under either Ontario or federal law. That means your employer must pay you at least the minimum wage , even if you receive tips. Ontario has different minimum wage rates , including a general minimum wage and special rates for students, homeworkers, and liquor servers. 🧾 Keep Records and Report Your Tips Tips are considered income , and you’re legally required to report them when you file your income tax return . If tips are shared through a pool and paid to you by your employer, they must be included on your T4 slip . If you keep your own tips directly from customers, you are responsible for reporting them yourself. It’s smart to keep a daily record  of all the tips you receive, in case there’s ever a dispute or for accurate tax reporting. 🚫 What If Your Employer Keeps Your Tips? If your employer illegally withholds your tips or violates ESA rules, you can file a claim with the Ontario Ministry of Labour . You have up to 2 years  from the date the money was owed to you to make a claim. The Ministry can investigate, order repayment, and penalize employers who break the law. 📞 Get Help If you’re not sure whether your employer is following the law, or if you need help making a claim: Speak with a licensed paralegal or employment law professional Situ Legal Services  can help you: Understand your rights Review your employment contract or tip policies File a claim for unpaid tips or other violations ✅ Conclusion In Ontario, you have the right to keep the tips you earn . Employers can set up fair tip pools, but they can’t take your tips unless the law allows it — and they must always follow minimum wage laws. Whether you're working in hospitality, beauty, or retail, understanding your rights ensures you get the pay you deserve. 👉  Contact Situ Legal Services today  for trusted legal guidance on workplace rights, wage disputes, and ESA claims.