2. Consider reasons for and against suing in court

Reasons to sue in court

Below are reasons you might prefer to sue in court rather than use the Ministry of Labour process:

• If you were fired, a court can decide that your employer has to give you more than the minimum amount of notice in the Employment Standards Act.
• A court can also consider whether your employer did something that goes against your human rights.
• If you worked as an independent contractor, you don’t have the option of making a claim with the Ministry of Labour.

Reasons not to sue in court

Below are reasons you might not want to sue in court:

• You have to pay court fees.
• If you lose, the court could order you to pay some of the employer’s legal costs.
• It’s more complicated and a lot more work for you, especially if you don’t have a lawyer.
• It usually takes longer.
• If you win but the employer doesn’t pay, it’s up to you to try to collect the money.
• If you want to sue for more than $35,000, you have to do this in Superior Court, which is very hard to do without a lawyer.