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Find a Lawyer » Canada Legal Guides » New Brunswick Legal Guides » Work & Employment Rights New Brunswick » Wrongful Dismissal & Severance New Brunswick
💡In New Brunswick, a mass layoff (group termination) legally occurs when an employer terminates more than 10 employees (meaning 11 or more) within a four-week period, provided they represent at…
💡Under New Brunswick employment law, when a business is bought out and you continue working for the new owner, your years of service are generally carried over seamlessly. If the…
💡If you are fired immediately after returning from medical leave in New Brunswick, it may violate the Human Rights Act, which prohibits discrimination based on physical or mental disability. You…
💡In New Brunswick, statutory notice is the absolute minimum payout required by the Employment Standards Act, which caps at just 4 weeks of pay. Common law reasonable notice is a…
💡In New Brunswick, common law severance (reasonable notice) is vastly more generous than the minimums in the Employment Standards Act. Depending on your age, length of service, and position, you…
💡If you are fired for just cause in New Brunswick over a false accusation, the burden of proof rests entirely on your employer. To prove wrongful dismissal, you must gather…
💡In New Brunswick, the strict statute of limitations for filing a wrongful dismissal lawsuit is generally two years from the exact date of your termination. If you miss this deadline,…
💡In New Brunswick, if your employer fires you in a cruel, dishonest, or humiliating manner, you can claim bad faith damages (historically known as Wallace damages) through a wrongful dismissal…
💡In New Brunswick, your employer cannot legally force you to sign a Full and Final Release just to receive your minimum statutory notice pay or vacation pay. You only need…
⚠️Being fired “for cause” in New Brunswick is the capital punishment of employment law. Unless you committed severe misconduct like theft, fraud, or workplace violence, employers must follow progressive discipline…
💡Yes, part-time employees in New Brunswick are fully legally entitled to severance pay (pay in lieu of notice) when let go without cause, provided they have passed their 6-month probationary…
🤝Never accept the first severance package your employer offers you. In New Brunswick, employers generally only offer the bare minimum 2 to 4 weeks required by the Employment Standards Act.…
💰In New Brunswick, all wages normally due on your next regular payday must be paid on that date. Any other outstanding compensation-including severance pay, commissions, and accumulated vacation pay-must be…
💡Under the New Brunswick Employment Standards Act, employers can legally terminate you without cause, without written notice, and without severance pay during your first 6 months of employment. However, if…
💡In New Brunswick, an employment lawyer will typically charge a flat fee between $300 and $750 CAD to review your severance package. This review helps determine if the offer meets…
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Welcome to the New Brunswick Wrongful Dismissal & Severance guide centre. Here you will find comprehensive resources covering everything from termination without cause to severance package negotiations, based on current provincial regulations.
Losing a job is incredibly stressful, especially if you feel you were let go unfairly. In New Brunswick, the termination of non-unionized employees is governed by the provincial Employment Standards Act and established common law principles. These rules dictate how much notice—or pay in lieu of notice—an employer must provide when dismissing an employee without cause.
Wrongful dismissal does not necessarily mean the employer had illegal reasons for firing you; it usually means they simply did not give you enough severance pay. Whether you were handed an inadequate severance offer or forced to quit due to a toxic work environment (constructive dismissal), understanding your legal entitlements is crucial to protecting your financial future while you search for new employment.
In New Brunswick, basic claims for minimum statutory notice can be filed with the Employment Standards Branch. This provincial body enforces the minimum standards set out by legislation. However, statutory minimums are often much lower than what an employee is actually entitled to under common law, which looks at factors like your age, length of service, and the availability of similar jobs in the local market.
To pursue a larger common law severance package, the matter must be addressed through the civil court system. If the dispute cannot be settled through negotiation, you may need to file a formal claim at the Court of King’s Bench of New Brunswick. Navigating this higher court involves strict procedural rules and gathering compelling evidence to prove that the employer’s offer fell short of legal standards.
Being suddenly terminated leaves many workers feeling vulnerable and pressured to sign a severance offer right away. We strongly advise against accepting any initial severance package or attempting to sue your former employer without professional guidance. Once you sign a release form, you permanently give up your right to pursue further compensation, even if the offer was unlawfully low.
Retaining a qualified employment lawyer is the safest way to ensure your rights are protected and that your severance is calculated fairly. A legal professional can assess your case, negotiate directly with your former employer, and represent you effectively in court if needed. You can find a list of relevant local lawyers and government agencies at the top of this page.
Statutory severance is the absolute minimum notice or pay required by the New Brunswick Employment Standards Act, which is usually just a few weeks. Common law severance is awarded by courts and is typically much more generous, sometimes reaching up to 24 months of pay, depending on your age, position, and years of service.
Yes. In most non-unionized workplaces in New Brunswick, an employer can terminate your employment without cause at any time, as long as the reason is not discriminatory. However, they must provide you with fair notice or a severance package in exchange for letting you go.
Termination with cause means the employer is firing you for severe misconduct, such as theft, fraud, or serious insubordination. If you are legally fired with cause, the employer does not owe you any notice or severance pay. Because the financial penalty is so high, the legal threshold to prove cause is very difficult for employers to meet.
Under the Limitation of Actions Act in New Brunswick, you generally have two years from the date of your termination to file a civil lawsuit for wrongful dismissal. If you miss this strict deadline, you will likely lose your right to claim any additional severance pay through the court system.
No. Employers often impose arbitrary deadlines to pressure you into signing an inadequate offer. You always have the right to take the severance package home and have it reviewed by an employment lawyer before signing anything, as signing a legal release is final.
Constructive dismissal occurs when an employer makes a fundamental, negative change to your employment contract without your consent, such as a massive pay cut, a forced relocation, or a severe demotion. If this happens, you may be able to resign and still claim severance pay just as if you had been officially fired.
