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 you were fired for discriminatory reasons or lured away from secure employment, you may still be entitled to significant compensation.
Starting a new job is an exciting but vulnerable time. During the initial months, you are eager to prove yourself, but you are also acutely aware of the “probationary period.” In New Brunswick, employment law treats brand-new employees differently than those with years of tenure. While standard employees are entitled to weeks or months of severance pay if fired without cause, the rules for new hires are heavily weighted in favour of the employer.
Under provincial legislation, the default probationary period in New Brunswick is six months. 📖 Whether you took a corporate job in Moncton or a retail position in Fredericton, an employer generally has a six-month window to decide if you are a good fit. If they decide you are not, they can let you go instantly. However, this rule is not an absolute free pass for employers. There are specific common law exceptions and human rights protections that could turn a standard probationary firing into a high-value wrongful dismissal claim.
Step-by-Step Process for Assessing a Probationary Firing in NB
If you have been suddenly let go during your first six months, do not immediately assume you have zero rights. 📍 You need to analyze the exact circumstances of your hiring and firing to see if the employer violated specific legal boundaries.
Step 1: Verify Your Exact Length of Service
The New Brunswick Employment Standards Act specifically states that no notice is required if a person has been employed for less than six months. Calculate your exact start and end dates. If you were fired on the exact day you hit the 6-month mark or slightly after, you are legally entitled to at least two weeks of notice or severance pay.
Step 2: Review Your Employment Contract
Did you actually sign a contract with a probation clause? While the provincial law allows a 6-month window without statutory notice, your specific common law rights depend on your contract. 📝 If your contract didn’t explicitly state you were on probation, or if the probation clause is poorly drafted, an employment lawyer might successfully argue that you are still owed common law severance, which could be 1 to 3 months of pay.
Step 3: Analyze the Reason for Termination
An employer does not need “just cause” to fire you on probation, but they cannot fire you for an illegal reason. Think carefully: Were you fired shortly after announcing a pregnancy? Did you request accommodation for a disability? Did you report sexual harassment? If the firing was tied to any of these, it is a violation of the New Brunswick Human Rights Act, and you can seek massive compensation.
Step 4: Consider the “Inducement” Factor
Were you headhunted? If an employer aggressively recruited you, convincing you to leave a safe, secure, long-term job to join their company, and then fired you 3 months later, courts are highly sympathetic. 👨⚐️ This is called “inducement,” and a judge at the Court of King’s Bench may award you substantial severance because the employer lured you into a vulnerable position.
How Much Does it Cost in New Brunswick?
Challenging a probationary termination is highly specific, and you should only spend money on legal fees if you have a strong Human Rights or Inducement angle.
- Human Rights Commission: Filing a complaint with the New Brunswick Human Rights Commission (if you were fired due to discrimination) is completely free.
- Lawyer Consultation: Having a local law firm review your termination to check for inducement or contract flaws usually costs between $250 and $400 CAD for an hour-long assessment.
- Contingency Lawsuits: If you have a strong case for wrongful dismissal, many lawyers will take the case on a contingency basis, charging you 25% to 35% of the final settlement only if you win.
| Termination Scenario | Are You Owed Severance? | Legal Avenue |
|---|---|---|
| Standard Firing Under 6 Months | No | None (Legal under NB ESA) |
| Fired After 6 Months & 1 Day | Yes (Minimum 2 Weeks) | Employment Standards Branch |
| Fired Due to Pregnancy/Disability | Yes (Human Rights Damages) | NB Human Rights Commission |
How Long Does the Process Take?
If you fall under a legal exception and decide to fight your probationary firing, the timeline depends on the route you take. ⌛ A demand letter sent by your lawyer citing “inducement” or a contractual error can often yield a settlement within 4 to 8 weeks.
However, if you must file a formal complaint with the New Brunswick Human Rights Commission for a discriminatory firing, the investigation and tribunal process is notoriously slow. It can take anywhere from 1 to 2 years to reach a final resolution and receive your financial compensation.
Frequently Asked Questions (FAQ)
Can my employer extend my probationary period?
While an employer might put you on an internal “performance improvement plan,” they cannot contract out of the law. Once you pass the 6-month mark of continuous employment, the Employment Standards Act guarantees you notice or severance, regardless of what the employer calls your status.
Do I get my accrued vacation pay if I’m fired on probation?
Yes. Even if you are fired on your very first week without any severance pay, the employer is legally obligated to pay out any vacation pay (usually 4% of your gross earnings) that you accumulated during your short time there.
Is the probationary period 3 months or 6 months?
In New Brunswick, the statutory cutoff for receiving mandatory notice under the Employment Standards Act is exactly 6 months. This is longer than some other Canadian provinces (like Ontario), which use a 3-month statutory rule.
Do I qualify for Employment Insurance (EI) if I am fired on probation?
Usually, yes. As long as you were let go because you were simply “not a good fit” (a shortage of work or failure to pass probation) and not fired for severe, intentional misconduct (like theft), you should be eligible for EI through Service Canada, provided you have enough insurable hours.
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