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 with formal written warnings. If they skipped these steps, you likely have a very strong claim for wrongful dismissal.
Being abruptly terminated from your job is a devastating experience, but being told you are fired “for cause” adds a deeply unfair professional stigma. In Canadian labour law, a just cause dismissal means you receive absolutely zero severance pay and may be fully disqualified from receiving Employment Insurance.
However, employers in New Brunswick frequently misuse this severe label simply to avoid paying severance to a long-term employee. Whether you worked in Bathurst, Edmundston, or Fredericton, a minor operational mistake or simply being deemed a “poor fit” does not meet the incredibly high legal threshold required by the courts for a just cause dismissal. 📍
Step-by-Step Process in New Brunswick
Challenging a false just cause dismissal requires strategic patience and the careful gathering of evidence. The burden of proof in these cases rests entirely on the employer to prove your misconduct was unforgivable.
Step 1: Do Not Sign Any Settlement Documents
Employers will often aggressively pressure you to sign a document agreeing to the termination or accepting a tiny, token cash payment on your way out the door. Do not sign anything under pressure.
Signing a Full and Final Release can permanently destroy your right to sue the company for wrongful dismissal at the Court of King’s Bench. You always have the legal right to take the documents home and consult with a law firm first.
Step 2: Request Your Complete Employee Personnel File
Immediately ask the human resources department to provide a complete copy of your personnel file, including past performance reviews, emails, and disciplinary records. 📄
To successfully prove just cause in a Canadian court, the employer must show a clear, documented history of progressive discipline. This includes verbal warnings, formal written warnings, and performance improvement plans that explicitly stated your job was in immediate jeopardy if you did not improve.
Step 3: Apply for Employment Insurance Immediately
Even if your Record of Employment (ROE) explicitly indicates you were dismissed for misconduct, you should immediately apply for Employment Insurance (EI) through Service Canada.
Service Canada agents will conduct their own independent fact-finding interview. If they determine your employer’s subjective definition of “cause” does not meet the strict federal threshold for severe workplace misconduct, you will still be approved to receive your bi-weekly EI benefits.
Step 4: Hire a Wrongful Dismissal Lawyer
Because the legal burden is entirely on the employer, fighting a fake just cause dismissal is highly effective. You should hire a local employment law firm to draft a formal demand letter. ⚔
This letter will aggressively challenge the dismissal and demand your full common law severance package. If the employer knows they lack the paper trail to prove just cause, they will frequently settle the matter out of court.
How Much Does it Cost in New Brunswick?
Fighting a wrongful dismissal does not have to drain your personal savings. Most employment law firms in New Brunswick offer highly accessible fee structures for terminated workers:
- Contingency Fees: Many lawyers will take your wrongful dismissal case on a contingency basis, meaning you pay nothing upfront. The law firm typically takes between 25% and 33% of the eventual severance settlement they successfully win for you.
- Hourly Rates: If you prefer to pay out-of-pocket and keep all your severance, standard hourly rates for a corporate litigation lawyer generally range from $250 to $450 CAD.
- Demand Letters: If you only need a lawyer to review your file and draft a strong, intimidating demand letter to push the employer into settling, this typically costs a flat fee of $300 to $600 CAD.
How Long Does the Process Take?
The initial shock of a just cause dismissal happens instantly, but the legal correction process takes significant time. Once your lawyer sends a formal demand letter, employers usually have 14 days to respond. A negotiated financial settlement is often successfully reached within 4 to 8 weeks. ⏱
If the employer stubbornly refuses to back down, and you must formally file a wrongful dismissal lawsuit at the Court of King’s Bench, securing a trial date and receiving a final judge’s ruling can easily take 1 to 2 years.
Frequently Asked Questions (FAQ)
What legally qualifies as just cause in Canada?
In Canada, just cause is reserved for the most severe workplace offences. This generally includes acts like proven financial theft, severe corporate fraud, extreme insubordination, physical violence, or serious sexual harassment. Simply being late a few times or struggling to learn a new software system does not qualify.
Can I be fired for cause if I was never given a written warning?
It is incredibly rare. Unless you committed a severe indictable offence (like stealing thousands of dollars from the cash register), an employer cannot fire you for cause without first providing clear, documented progressive discipline and a genuine opportunity to correct your behaviour.
Will a just cause firing ruin my future career?
It does not have to. If you hire a lawyer and successfully challenge the wrongful dismissal, one of the standard conditions of the final settlement is forcing the employer to amend your Record of Employment (ROE). They will legally change the reason for leaving to a standard “without cause” dismissal, protecting your professional reputation.
Can my employer fire me because I took a sick day?
Absolutely not. Firing an employee for taking a legally protected sick leave or medical leave is not only a wrongful dismissal, but it is also a severe violation of the New Brunswick Human Rights Act. In this case, you may be entitled to additional human rights damages on top of your standard severance.
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