Are unpaid trial shifts legal in the restaurant industry?

In the restaurant industry, the practice of unpaid trial shifts is common, but it’s important for both employees and employers to understand the legalities involved.

The Legality of Unpaid Trial Shifts

Unpaid trial shifts in the restaurant industry are not legal if you perform work that is normally paid.

Your employer is obligated to compensate you for any work you complete. This includes tasks performed during a trial shift in a restaurant. Failing to pay for such work is illegal.

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• Ontario to ban unpaid trial shifts at restaurants

Your Right to Compensation

If you find yourself not being paid for work done during a trial shift, you have the right to file a complaint. In Alberta and British Columbia, this can be done through their respective Employment Standards branch, and in Ontario, through the Ministry of Labour.

Addressing Employer Retaliation

Sometimes, after being hired following an unpaid trial shift, if you file a claim with the government, there’s a risk of employer retaliation. This can manifest as reduced pay, fewer shifts, or even termination. In such cases, it’s crucial to contact an employment lawyer at Samfiru Tumarkin LLP to seek appropriate compensation and severance pay.

Talk to an employment lawyer

The experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals across the country with their workplace issues.

Our lawyers in Ontario, Alberta, and B.C. stand ready to help you solve your workplace issues.

If you are a non-unionized employee who needs help with an employment issue, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.