Why Workplace Complaints Should Be in Writing (And What Happens If They’re Not)

Do I have to make a formal written complaint in Ontario to have legal rights?

Not always but a written record significantly strengthens your position in any subsequent legal proceeding. Verbal complaints can support legal claims, but proving they were made, what was said, and how the employer responded is far more difficult without written evidence. In harassment and constructive dismissal cases particularly, the employer's knowledge of the issue is often a central element of the claim and documented knowledge is much harder for an employer to deny than knowledge of a verbal conversation.

Can I still take legal action if I never put my complaint in writing in Ontario?

Yes but your case may be significantly harder to prove. Verbal complaints can be corroborated by witnesses, the employer's subsequent conduct, or other circumstantial evidence. The absence of a written record does not eliminate legal rights, but it does create practical challenges in proving what you complained about, when, and how the employer responded. If you raised a concern verbally and the situation has since escalated, get legal advice promptly both about your substantive rights and about how to document the situation going forward.

Is it too late to document a complaint I made verbally weeks or months ago?

No. A written follow-up confirming a prior verbal complaint is still valuable even if sent after the conversation. An email that says "I wanted to confirm in writing our conversation of [date] in which I raised [the issue]" creates a record that the complaint was made and prompts the employer either to confirm or dispute the account which itself becomes part of the record. It is also worth documenting every relevant incident from today forward, and getting legal advice on whether the prior verbal complaint can be corroborated by other evidence.

Will making a written complaint put me at risk of retaliation in Ontario?

The concern is legitimate but the legal protection is also real. Ontario's Employment Standards Act, 2000, Occupational Health and Safety Act, and Human Rights Code all prohibit retaliation against employees for raising complaints in good faith. Where adverse treatment follows a complaint in close proximity, the connection will be scrutinized carefully. Notably, the act of making a formal written complaint and documenting the employer's response creates precisely the paper trail that makes a retaliation claim most effective if the employer responds adversely.

What should I include in a written workplace complaint in Ontario?

A strong written complaint includes the specific date, time, and location of each incident; exactly what was said or done and by whom; the names of any witnesses present; any connection to a prior complaint or pattern of behaviour; a clear statement that you are making a formal complaint and what you are asking the employer to do in response. Avoid vague or emotional language specific, factual descriptions are far more credible and far harder for an employer to characterize as informal feedback.