Firing a woman because she is pregnant or taking maternity leave is illegal in New Brunswick. It is a severe violation of the Human Rights Act. You can file a formal complaint or pursue a wrongful dismissal lawsuit to secure financial compensation, lost wages, and potentially reinstatement.
Welcoming a new child should be a joyful, deeply fulfilling time for any growing family. It should never trigger intense financial panic because your employer decided to illegally terminate your job. Unfortunately, despite strict legal protections across Canada, some employers in New Brunswick still try to unlawfully dismiss pregnant employees under the guise of “company restructuring” or sudden “performance issues.” Whether you are working in Edmundston, Miramichi, or Fredericton, you possess robust human rights protections based on sex and family status.
This comprehensive guide explains exactly what you must do if you are fired because of your pregnancy or maternity leave in New Brunswick. We will outline how to secure crucial evidence of discrimination, compare your legal options between the Human Rights Commission and civil court, and explain how an employment law firm can vigorously defend your career.
Step-by-Step Process for Handling Pregnancy Discrimination in NB
When an employer terminates a pregnant worker, they rarely admit the real reason on paper. Uncovering the truth requires a strategic legal response. Here is the exact step-by-step process you should follow to protect your legal rights and secure compensation.
Step 1: Do Not Sign a Release or Severance Offer
When you are terminated, HR will typically slide a severance offer across the desk and pressure you to sign it immediately. Do not sign anything. These offers almost always include a “Full and Final Release.” If you sign this legal document, you permanently forfeit your absolute right to sue them for human rights violations.
You are legally allowed to take the document home and have it reviewed by an employment lawyer. A lawyer can usually negotiate a significantly larger severance package when the heavy threat of a pregnancy discrimination lawsuit is placed on the table 💵.
Step 2: Collect Evidence of the Discriminatory Motive
Timing is often your strongest piece of evidence. If you had excellent performance reviews for three years, announced your pregnancy on Tuesday, and were suddenly fired for “poor performance” on Friday, the Human Rights Commission will view this timing as highly suspicious.
Immediately secure all your recent performance evaluations, commendation emails, and the exact date/time you informed your manager about the pregnancy . If they fired you while you were already on maternity leave and claimed your role was “eliminated,” gather evidence showing they actually hired someone else to permanently do your exact job.
Step 3: Choose Your Legal Path
In New Brunswick, you generally have two distinct legal paths, and you usually cannot pursue both simultaneously for the exact same financial damages. You must make a strategic choice with your lawyer.
Path one is filing a complaint with the New Brunswick Human Rights Commission. This is entirely free, but the process is notoriously slow. Path two is filing a Wrongful Dismissal lawsuit at the Court of King’s Bench. A civil lawsuit is often much faster and can yield a higher financial settlement, especially if the employer wants to avoid a highly public, embarrassing trial .
Step 4: File the Complaint or Lawsuit
If you choose the Human Rights Commission, you have exactly one year from the date of your termination to file your intake questionnaire. An investigator will be assigned to review your case and attempt mediation.
If you choose to sue in civil court, your law firm will draft a Statement of Claim seeking damages for wrongful dismissal, lost maternity leave top-ups, and aggravated damages for violating your human rights. Most employers will aggressively try to settle out of court once they realize you have professional legal representation.
| Legal Route | Primary Advantage | Primary Disadvantage |
|---|---|---|
| NB Human Rights Commission | Completely free to file and investigate. Can legally force reinstatement. | The government backlog means cases can take 1 to 2 years to resolve. |
| Civil Court (Wrongful Dismissal) | Often much faster to force a financial settlement. Higher overall payouts. | Requires paying lawyer fees or signing a contingency percentage agreement. |
| Ministry of Labour (ESA) | Fastest way to get minimum basic severance pay. | Does not award large human rights damages for the discrimination. |
How Much Does it Cost in New Brunswick?
Fighting pregnancy discrimination is crucial for your family’s future, and the costs depend entirely on the legal route you select:
- Human Rights Commission: Filing your discrimination complaint is 100% free of charge.
- Legal Review of Severance: Having an employment lawyer review your termination package usually costs between $300 and $600 CAD.
- Civil Litigation Retainer: If you sue for wrongful dismissal, law firms typically require a retainer of $3,500 to $7,500 CAD.
- Contingency Fees: Because pregnancy discrimination cases are often very strong, many New Brunswick lawyers will take the case for no upfront fee, instead taking 25% to 33% of the final settlement won from the employer.
How Long Does the Process Take?
If your lawyer sends a strong, legally sound demand letter, a guilty employer may offer a lucrative settlement within just 4 to 8 weeks. If you file a formal complaint with the Human Rights Commission, expect a wait of 12 to 18 months for a final resolution. Litigating a wrongful dismissal lawsuit in civil court generally takes 1 to 2 years if it goes all the way to a public trial.
Frequently Asked Questions (FAQ)
Does my employer have to give me my exact job back after leave?
Yes, generally. Under the New Brunswick Employment Standards Act, when you return from maternity leave, your employer must place you in your original position, or a highly comparable position with the exact same pay and benefits if your old job truly no longer exists.
What if they claim it was a legitimate company restructuring?
This is the most common employer excuse. However, the legal burden is strictly on the employer to prove that your pregnancy played absolutely no factor in their decision. If they fired you but kept all the non-pregnant staff in your department, they will likely lose in court.
Can I still get EI maternity benefits if I was fired?
Yes. If you have accumulated the required 600 insurable hours before being terminated, you are still fully entitled to receive your federal Employment Insurance (EI) maternity and parental benefits through Service Canada.
Do I have to tell them I am pregnant in the job interview?
Absolutely not. You have zero legal obligation to disclose your pregnancy during a job interview. If they ask, it is an illegal interview question under the New Brunswick Human Rights Act.
Can they fire me because morning sickness makes me late?
No. Employers have a strict legal duty to “accommodate” pregnancy-related medical issues up to the point of undue hardship. They must legally allow you flexible hours or more bathroom breaks before they can even consider termination.
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