# Employer withheld RRSP contribution



## Kalergie (Jan 7, 2011)

Hi there,

I resigned from my company earlyer this year. I have a question regarding RRSP contribution which my ex-employer is withholding. Here are the details: 

On February 13 this year, I handed in my formal resignation. Normally, my ex-employer matches an RRSP contribution on every February 1 but they never sent it to me. Three weeks ago, I received a termination letter stating that I am not eligible because I resigned before February 1 when in fact I resigned on February 13. It appears to me that my ex-employer is trying to sneak out of the obligation to pay my RRSP contribution. I contacted the HR department about this but I have not received any answer which makes me believe they try to quiet it out. 

My contract states that the RRSP contribution is part of my salary. Can I do anything about this or is an RRSP contribution more or less like a good-will payment to me? What would be a good next step for me? Try asking nicely for it, give up or contact a lawyer? We are talking about 4000$ here!!!

Thanks a lot for your help.


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## Cal (Jun 17, 2009)

I would make an appointment to bring in your supporting documentation to discuss with the HR dept. Unless they know something you don't, it sounds like you have a case here. But perhaps it is something you can clarify with your paperwork.

If not....it does sound like legal recourse would be a second step, I would also sue for the the legal expense to recover what you should have been paid in the first place.


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## Kalergie (Jan 7, 2011)

Thanks Cal for the feedback. I do believe I have a case here. I am just very disappointed with a company I donated so much time and sweat to, only to be backstabbed with such cheap tricks. I wish I was evil enought to badmouth the name of the company but that's not fair to my ex-colleagues and is below my level. I am going to go contact the HR one more time. If I don't get a feedback, I'll have a lawyer do his thing.


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## MoneyGal (Apr 24, 2009)

In case you pursue the legal angle, you can deduct the costs of your legal expenses. See here: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns206-236/232/lgl-eng.html


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## Eclectic12 (Oct 20, 2010)

Kalergie said:


> Thanks Cal for the feedback. I do believe I have a case here. I am just very disappointed with a company I donated so much time and sweat to, ...


I think I know what you are saying but I'm really hoping your were being paid for your time instead of donating it. :biggrin:


Cheers


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## Kalergie (Jan 7, 2011)

Eclectic12 said:


> I think I know what you are saying but I'm really hoping your were being paid for your time instead of donating it. :biggrin:
> 
> 
> Cheers


I don't know about your employer, but sometimes I felt like I was in fact donating rather than being paid appropriately. Hence, the resignation. :encouragement:


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## MrMatt (Dec 21, 2011)

Unless it is huge money any decent lawyer would advise against hiring them.

In Ontario, contact the ministry of labour, they don't like employers who don't pay. Alternatively you could go to small claims court.


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## Eclectic12 (Oct 20, 2010)

Kalergie said:


> I don't know about your employer, but sometimes I felt like I was in fact donating rather than being paid appropriately. Hence, the resignation. :encouragement:


The main time I felt like that was two employers ago ... I haven't looked back since. :biggrin:

[ Though it was really cool after I'd resigned, when my manager was ordered to make a counter offer, to say ... "if you are serious, you need to put me above your salary range before we factor in the annual bonus!"]


Cheers


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## Kalergie (Jan 7, 2011)

MrMatt said:


> Unless it is huge money any decent lawyer would advise against hiring them.
> 
> In Ontario, contact the ministry of labour, they don't like employers who don't pay. Alternatively you could go to small claims court.


Excellent point, Matt. I could mention in my next/final communication to my ex-employer to inform the ministry of labour if they don't act. This may show them that I know my rights and won't be messing around. It is 4000$ they owe me so I believe it is worth the fight. Thank you!


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## Kalergie (Jan 7, 2011)

Quick update: I sent another email to the HR department of my ex-employer and threatened to bring this case to the attention of the ministry of labour. I promptly received an answer assuring that the check will be sent immediately. I received and deposited the check today and all is good!  

Thank you CMF for helping me. I don't think I would have come up with the idea myself with the ministry of labour.


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## coptzr (Jan 18, 2013)

Good to hear positive outcome....

$$cha ching$$$


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