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 period. Depending on your age, position, and years of continuous service, your common law severance could equal 2 to 4 weeks of pay for every year you worked.
There is a widespread myth in the Canadian workforce that part-time employees are basically “at-will” workers with no legal protections. This is entirely false. In New Brunswick, part-time workers enjoy the exact same foundational employment rights as full-time salaried staff. Whether you work 15 hours a week at a coffee shop in Saint John or 25 hours a week doing administrative work in Fredericton, your employer cannot simply fire you without providing proper working notice or a financial payout.
When a company lets you go without cause, they owe you “pay in lieu of notice,” commonly known as severance pay. 💰 Your entitlements are governed by two distinct sets of rules: the minimums outlined in the New Brunswick Employment Standards Act, and the much larger entitlements provided by Canadian common law. Knowing the difference between these two can mean walking away with a few hundred dollars versus several thousand dollars.
Step-by-Step Process to Claim Part-Time Severance in NB
If you have been laid off or fired from a part-time role, do not sign any severance offer immediately. 📍 Employers often only offer the bare statutory minimums, hoping you do not know your common law rights. Follow these steps to ensure you get what you are actually owed.
Step 1: Calculate Your Continuous Service
Your severance is primarily based on how long you worked for the company continuously. Gather your initial hiring letter and your final pay stub. In New Brunswick, the law looks at your total years and months of service, regardless of whether you worked 10 hours a week or 35 hours a week.
Step 2: Check the Employment Standards Minimums
First, look at the provincial minimums. Under the NB Employment Standards Act, if you have worked continuously for at least 6 months, you are entitled to 2 weeks of notice (or pay). If you have worked for 5 years or more, you are entitled to 4 weeks. 📄 However, these are just the absolute basement-level minimums.
Step 3: Evaluate Your Common Law Entitlements
Unless you signed a perfectly drafted employment contract that legally limits you to the statutory minimums, you are likely entitled to common law severance. Courts in New Brunswick calculate this using the “Bardal factors”: your age, length of service, the character of your job, and how hard it will be to find similar part-time work. This often results in severance equal to 2 to 4 weeks of pay per year of service.
Step 4: Have a Lawyer Review Your Offer
Before you accept any money, take your termination letter to a local employment law firm. 👨⚐️ A lawyer will review your part-time average weekly earnings, assess your contract, and tell you if the employer’s offer is fair. If it is too low, the lawyer can send a demand letter negotiating a much larger severance package on your behalf.
How Much Does it Cost in New Brunswick?
Enforcing your rights as a part-time employee does not have to drain your bank account. You have both free government options and accessible private legal options.
- Service New Brunswick (ESB): Filing a complaint with the Employment Standards Branch for your basic minimum notice pay is 100% free. However, the government will only fight for your minimums, not your larger common law rights.
- Lawyer Consultation: Having an employment lawyer review your severance offer usually costs a flat fee of $250 to $400 CAD.
- Contingency Negotiation: If your lawyer needs to negotiate a larger common law package, they will often do so on a contingency basis, taking roughly 25% to 30% of the additional severance they secure for you.
| Years of Part-Time Service | Provincial Minimum (ESA) | Potential Common Law Severance |
|---|---|---|
| 1 Year | 2 Weeks | 1 to 3 Months |
| 5 Years | 4 Weeks | 4 to 8 Months |
| 10 Years | 4 Weeks | 8 to 12 Months |
How Long Does the Process Take?
The timeline depends on how aggressively your employer tries to defend their initial offer. ⌛ If you hire a lawyer to send a demand letter outlining your common law rights, a negotiated settlement can often be reached in 4 to 8 weeks.
If you choose to file a free complaint through the New Brunswick Employment Standards Branch, the investigation process can take 3 to 6 months due to government backlogs. Keep in mind that you generally have up to two years from the date of your termination to file a lawsuit in the Court of King’s Bench for wrongful dismissal.
Frequently Asked Questions (FAQ)
How is my severance calculated if my part-time hours fluctuate?
If your hours vary from week to week, your severance pay is typically calculated by averaging your weekly earnings over the 12 weeks immediately preceding your termination.
Do I get severance if I was laid off temporarily?
A temporary layoff can legally become a permanent termination under the Employment Standards Act if it lasts too long (often exceeding 6 days in certain conditions without proper notice). If it becomes permanent, severance is owed.
Can an employment contract strip me of my common law rights?
Yes, but the contract must be flawlessly drafted. If your part-time employment contract has an enforceable termination clause, it can legally restrict you to the provincial 2-to-4-week minimums. A lawyer must review the contract to see if it holds up in court.
Am I owed severance if I am fired during my probation period?
Generally, no. Under New Brunswick law, an employer can terminate your employment without written notice or severance pay if you have been employed for less than 6 continuous months.
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