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 may be entitled to your full common law severance plus additional human rights damages. Filing a complaint is free, and most employment lawyers work on a 25% to 35% contingency fee.
Returning to work after recovering from an illness or injury should be a time of relief and getting back to normal. Unfortunately, some employers view medical leave as an inconvenience and look for excuses to replace the worker. Being terminated the moment you return is not just devastating; it is often entirely illegal.
In this guide, we will explain exactly what to do if you are fired after medical leave in New Brunswick as of 2026. 🔍 We will cover your protections under the New Brunswick Human Rights Act, how to pursue your rightful severance pay, and the steps to take whether you live in Fredericton, Moncton, or Saint John. We will focus on clear, plain English so you know exactly where you stand.
Step-by-Step Process in New Brunswick
In Canada, having a medical condition is a protected ground under human rights legislation. This means your employer has a “duty to accommodate” your illness to the point of undue hardship. If they fire you because you took sick leave, it is considered discriminatory.
Step 1: Do Not Sign Anything Immediately
Employers often try to rush you into signing a severance offer the day they let you go. ✍ Never sign a full and final release on the spot. If you sign it, you legally forfeit your right to sue for wrongful dismissal or human rights violations. You are legally allowed to take the document home and have a law firm review it first.
Step 2: Request the Real Reasons in Writing
Ask your employer or HR department to provide the exact reasons for your termination in a written letter. Often, employers will claim it is a “restructuring” or “shortage of work.” However, if they just hired someone new for your role while you were sick, a lawyer can easily prove that the “shortage of work” excuse is a cover-up for medical discrimination.
Step 3: Gather Medical and Employment Records
You need to prove the timeline. 📁 Gather all your medical notes, emails requesting the leave, your return-to-work clearance from your doctor, and performance reviews prior to your illness. If you had excellent performance reviews before you got sick, it makes it incredibly difficult for the employer to claim you were fired for poor performance.
Step 4: Choose Your Legal Path
You generally have two options. You can file a formal complaint with the New Brunswick Human Rights Commission, which investigates discrimination claims. Alternatively, your lawyer can file a wrongful dismissal lawsuit directly at the Court of King’s Bench, seeking both your standard severance pay and special damages for the human rights violation.
How Much Does it Cost in New Brunswick?
Losing your job creates instant financial stress, so worrying about legal fees is entirely natural. 💵 Fortunately, employment law is highly accessible.
- Severance Package Review: Having a New Brunswick employment lawyer review your termination letter generally costs a flat fee of $300 to $600 CAD.
- Human Rights Commission: Filing a complaint directly with the Commission costs $0 CAD. It is a free provincial service, though it moves slowly.
- Contingency Fees: If you hire a law firm to sue your employer, they usually work on a contingency basis. This means you pay nothing upfront, and the lawyer takes roughly 25% to 35% of the final settlement they negotiate for you.
- Court Filing Fees: If a lawsuit must be formally filed at the Court of King’s Bench, the administrative filing fee is $100 CAD.
| Legal Option | Upfront Cost (CAD) | Lawyer Fee Structure |
|---|---|---|
| Severance Review | $300 – $600 | Flat one-time fee |
| Human Rights Complaint | $0 | Self-represented (Free) |
| Court Lawsuit | $100 (Court Fee) | 25% – 35% Contingency |
How Long Does the Process Take?
The timeline depends entirely on how aggressively the employer decides to fight. 🕐 If your lawyer sends a strong demand letter highlighting the obvious discrimination, the employer might agree to a settlement within 2 to 4 months. However, if you rely on the New Brunswick Human Rights Commission’s free process, the investigation can easily take 1 to 2 years. A formal lawsuit at the Court of King’s Bench generally takes 12 to 18 months to reach a resolution.
Frequently Asked Questions (FAQ)
What is the duty to accommodate?
In New Brunswick, employers must adjust the workplace to accommodate an employee’s medical disability (such as altered hours or light duties) up to the point of undue hardship, meaning they cannot fire you simply because accommodating you is mildly inconvenient.
Does this apply to mental health leaves like depression or burnout?
Yes. The New Brunswick Human Rights Act protects both physical and mental disabilities. If you took a leave for anxiety, depression, or severe burnout, you have the exact same legal protections as someone recovering from a broken leg.
Can I get my old job back?
While the Human Rights Commission technically has the power to order reinstatement, it is exceedingly rare. Most working relationships are permanently broken by the termination. You will usually receive financial compensation instead of getting the job back.
What if they fired me while I was still on sick leave?
This is often an even clearer violation. Firing an employee while they are actively on an approved medical leave is highly risky for an employer and frequently results in significant human rights damages on top of regular severance.
Leave a Reply