What are my legal options if my company backtracked on a promised perk?

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THE QUESTION

In 2025, the company I work for announced that we’d all be getting a “wellness fund” of $100 per month. It was supposed to be automatically added to our paycheques. The perk ended in 2026 and I only just noticed when reviewing prior paystubs that I never received my wellness credits. I went back to ask HR if I could be paid the wellness fund amounts I didn’t receive but they said it’s been too long and, because the perk isn’t offered anymore, they won’t pay it out. I have a written record of the wellness fund and when it was supposed to take effect. Do I have any hope of getting that money or am I out of luck?

THE FIRST ANSWER

Waheeda Ekhlas Smith, barrister and solicitor, Smith Employment Law, Toronto

Your question raises several more about the wellness fund. However, this ultimately may not be a question of law, but one of practicality.

For starters, I will assume you are not in a union. If HR has already said no, your potential legal options depend on the specifics of the benefit and its purpose.

For example, things like whether employees had to opt in to the wellness fund, whether it was first announced as indefinite or time-limited and whether it was being offered in exchange for losing or reducing another discontinued perk or benefit are factors that can determine what your rights are and where you can pursue them.

If the wellness fund was supposed to be a permanent part of your compensation, theoretically you could bring a claim for wrongful dismissal. However, you would have to argue that it was a fundamental term of your employment, which seems unlikely.

If it was offered in consideration of the loss or reduction of another benefit, you could bring an ESA complaint for unpaid wages to your provincial ministry of labour. That is a harder case to make if it was offered gratuitously.

Regardless, we have to be realistic about the fact that this would be a claim for $1,200. There is not really a legal forum where pursuing this amount makes much economical sense, especially if you are hiring a lawyer.

Your situation is a good reminder of why it is best practice to check your paystubs regularly and to raise questions or concerns with your employer right away.

THE SECOND ANSWER

Sean Marzinzik, associate lawyer, Ascent Employment Law, Kelowna, B.C.

You may have an option for pursuing this unpaid wellness fund perk. However, it first depends on how the program was implemented.

Since you report that the $100 was supposed to be added unconditionally to your pay cheque each month, there is a strong argument that it falls within the definition of wages under most provinces’ employment standards legislation. This means you could file an unpaid wages complaint with the relevant division of government, depending on your location and/or whether your employer is provincially or federally regulated.

The fact that it was paid out unconditionally is different from a situation where an employer makes $100 per month available as a reimbursement allowance or expense, which is only reimbursed if a qualified expense or service is incurred. This example would likely not result in a classification as wages.

The next question to ask would be when the program started in 2025. Employment standards legislation in different provinces provide for different periods of time for recovering unpaid wages. British Columbian statute, for example, limits claims to wages owed within the previous twelve months from the time a complaint is made by an employee still working for their employer. Meanwhile, the law in Ontario, or the Canada Labour Code (which applies to federally regulated employers), provides a longer recovery period of two years.

A brief consultation with an employment lawyer or a Canadian law school-sponsored legal clinic would be beneficial in helping you understand your rights and options in the applicable jurisdiction.

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