How to File a Claim

Filing an Employment Standards claim in Manitoba is free and can be done without a lawyer. The Employment Standards Branch is the office that handles claims. They publish current forms, intake processes, and contact details on their website.

Before You File

Get these in order, it will make the whole process smoother and your claim much stronger.

1. Identify What You’re Claiming

Be specific about the entitlements you believe were violated:

Unpaid wages (regular hours)
Unpaid overtime
Unpaid vacation pay
Unpaid general (stat) holiday pay
Termination pay / pay in lieu of notice
Other (working through vacation, deductions, etc.)

Write down a rough estimate of what you believe you’re owed and how you got to that number. The intake officer will refine this, but going in with a clear ask helps.

2. Gather Your Documentation

See Evidence and documentation for the full list. At minimum:

Your offer letter and employment contract (if any)
Pay stubs / wage statements
Your own log of hours worked
Any termination letter, layoff notice, or severance offer
Emails or messages relevant to the violation
Records of any complaint you raised internally

3. Confirm the Limitation Period

For former employees, the claim window is 6 months from the end of employment. If you’re close to that limit, file first and refine documentation later. The filing date is what locks in the limitation.

Filing the Claim

The Employment Standards Branch accepts claims through:

Online intake (a web form)
By phone (an officer can take your information)
In person or by mail to a branch office

Whatever channel you use, you’ll provide:

Your contact information
The employer’s name, address, and contact information
Your dates of employment
A description of what you’re claiming and why
Supporting documents (you can usually attach later if not ready)

You will not need to pay a fee.

What Happens Next

Once your claim is filed:

An intake officer is assigned. They’ll contact you to confirm details and may ask follow-up questions.
The employer is contacted. The branch will reach out to your employer for their side.
Resolution attempt. Many claims resolve at this stage, through the employer agreeing to pay what’s owed, or through clarifications on both sides.
Field officer involvement if intake can’t resolve it. A field officer can compel records and issue a formal judgement.
Appeal, by either side, to the Manitoba Labour Board.

This is described in detail on What the process looks like.

A Note on Your Former Employer’s Reaction

Your employer will be told you’ve filed a claim. This is unavoidable, they have to be given the chance to respond. Some employers settle quickly when a claim is filed; others dig in. Either way, retaliation against an employee for filing a claim is prohibited under the code, both for current and former employees.

If you’re a current employee and concerned about retaliation, document your performance and treatment carefully from the moment you file.