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 your common law entitlements and protects you from signing away thousands of dollars.
Being let go from your job is a deeply stressful and overwhelming experience. In the shock of the moment, your employer might slide a thick stack of papers across the desk and pressure you to sign a severance offer immediately. Whether you worked in a corporate office in Saint John, a retail centre in Moncton, or a tech firm in Fredericton, you should never sign these documents on the spot.
Employers often offer the bare minimum required by the New Brunswick Employment Standards Act, hoping you do not know your true rights. Consulting with a local employment lawyer levels the playing field. In this guide, we will break down exactly how much this legal review costs, how the process works, and why it is usually a smart financial investment.
Step-by-Step Process for a Severance Review
Having a legal professional look over your termination papers is a straightforward process. The goal is to quickly determine if the money offered is fair or if you are being severely shortchanged. Here is how a typical review unfolds.
Step 1: Secure Your Documents and Do Not Sign
Your absolute first step is to politely tell your employer that you need time to seek legal advice . Gather your termination letter, the proposed severance agreement, your original employment contract, and your most recent pay stubs. Keep a record of any bonuses, commissions, or benefits you were receiving, as these all factor into a fair payout.
Step 2: Book a Consultation with a Local Lawyer
Search for a law firm in New Brunswick that explicitly practices employment law. When you call to book the appointment, ask upfront if they offer a “flat-fee severance review.” You will generally send your documents to the lawyer ahead of the meeting so they can perform the necessary calculations based on your age, tenure, and position.
Step 3: The Legal Analysis (Bardal Factors)
During the meeting, the lawyer will explain how New Brunswick common law applies to your specific situation 🔍. They will use precedents from the Court of King’s Bench to estimate what a judge would likely award you. If your employer is offering 4 weeks of pay, but the lawyer calculates you are legally entitled to 6 months of pay, you will immediately see the value of the review.
Step 4: Decide on Your Strategic Next Steps
After the review, you are in complete control of what happens next. If the offer is genuinely fair, the lawyer will give you peace of mind to sign it. If it is a lowball offer, you can choose to hire the lawyer to negotiate a better deal on your behalf, or you can attempt to negotiate with the HR department yourself using the facts the lawyer provided.
Cost Breakdown for Employment Lawyers in NB
Legal fees can vary depending on the complexity of your compensation structure (like stock options or complex commissions). Here is a general breakdown of what you can expect to pay:
| Type of Billing | Average Cost in New Brunswick |
|---|---|
| Flat-Fee Severance Review | Generally $300 CAD to $750 CAD. This covers reading the documents and a 1-hour consultation to explain your rights. |
| Hourly Rates | If you need ongoing negotiation, most employment lawyers charge between $250 CAD and $500 CAD per hour. |
| Contingency Agreements | If the lawyer negotiates a higher payout, they may take 25% to 35% of the additional money they secure for you, rather than charging upfront fees. |
How Long Does the Process Take?
Employers usually place an arbitrary deadline on the severance offer, such as “You must sign this within 3 days.” Do not panic. You can almost always ask for a brief extension to consult a lawyer. Most law firms in New Brunswick can fit you in for an urgent severance review within 3 to 7 days. If you decide to push back and negotiate a better package, the back-and-forth process usually takes 2 to 6 weeks.
Frequently Asked Questions (FAQ)
Can my employer legally force me to sign immediately?
No. You have the fundamental right to seek independent legal advice before signing any binding contract in Canada. If an employer uses aggressive pressure tactics to force a signature, a judge at the Court of King’s Bench may later declare the agreement completely invalid due to duress.
Will the employer pay for my legal review?
It is becoming increasingly common for fair employers to include a clause in the severance package offering a “legal allowance” (often around $500 CAD) specifically to cover the cost of you taking the agreement to a lawyer. Check your termination letter to see if this is included.
Is it worth paying $500 if I only worked there for a year?
It can be. Under common law, even short-term employees may be entitled to 2 to 3 months of severance pay, especially if they are older or were recruited away from a secure job. A quick legal review ensures you are not leaving thousands of dollars on the table.
What happens if I sign the package without a lawyer?
Severance packages contain a “Full and Final Release.” By signing this, you permanently waive your right to sue the company for more money or file a human rights complaint. Once the document is signed, it is exceptionally difficult and expensive to try and reverse it.
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