Under the Newfoundland and Labrador Labour Standards Act, an employer can generally dismiss you within the first 3 months without providing notice or severance pay. However, if you suspect human rights discrimination, having a lawyer review your dismissal generally costs $150 to $350 CAD for an initial consultation.
Starting a new job is usually an exciting step forward in your career. Unfortunately, sometimes things do not work out, and you might find yourself let go after only a few weeks. In Newfoundland and Labrador, the first three months of employment are legally considered a probationary period. During this brief window, employers have a tremendous amount of freedom to end your employment without warning. Learning what to do if you are fired during your probationary period is essential so you can move forward quickly. 😞
Many workers in St. John’s, Corner Brook, and Mount Pearl mistakenly believe that being on probation means they have absolutely no legal rights. While it is true that you are generally not entitled to standard severance pay, your employer is never allowed to fire you for illegal reasons. If you were terminated because you reported a safety hazard, announced a pregnancy, or experienced discrimination, you still have powerful protections. This guide outlines the steps you should take immediately after a sudden probationary dismissal. 📍
Step-by-Step Process After a Probationary Dismissal
Losing your job suddenly can be an emotional shock, but you must act methodically to protect your financial stability. Do not sign any complex legal documents before reviewing them carefully. 📑
Step 1: Request Your Record of Employment (ROE)
Your very first step is to secure your official Record of Employment. By law, your employer must issue your ROE to Service Canada within five calendar days of the end of your pay period. You will need this document to determine if you have enough accumulated hours from your current and previous jobs to apply for Employment Insurance (EI). Ensure the employer accurately states the reason for dismissal. 💻
Step 2: Check for Discriminatory Action
Reflect carefully on the events leading up to your termination. Even on your first day of work, you are protected by the Newfoundland and Labrador Human Rights Act. If you were fired shortly after disclosing a disability, asking for religious accommodation, or complaining about sexual harassment, the firing may be illegal. Keep a written log of any inappropriate comments your manager made before firing you. 📝
Step 3: Review Your Written Contract
Did you sign an employment contract before your first day? Some contracts offer greater protections than the basic provincial law. If your written contract promised you a two-week notice period even during probation, the employer is legally bound to honour that contract. If they refuse, you can file a claim for unpaid wages with the provincial Labour Standards Division. 🗂
Step 4: Consult with an Employment Lawyer
If you suspect foul play or illegal reprisal (such as being fired for reporting a safety issue to Occupational Health and Safety), you should contact a local employment law firm. An employment lawyer can assess whether you have grounds to file a formal human rights complaint or a wrongful dismissal lawsuit, even if your tenure was incredibly short. 🤝
How Much Does it Cost in Newfoundland and Labrador?
Pursuing legal action depends heavily on whether your employer broke human rights laws or simply exercised their probationary rights. Here is a breakdown of potential costs to evaluate your case. 💰
| Service / Legal Action | Estimated Cost (CAD) |
|---|---|
| Filing a Labour Standards Complaint | Free |
| Filing a Human Rights Complaint | Free |
| Lawyer Consultation (Case Review) | $150 – $350 |
| Lawyer Retainer (Human Rights Claim) | $2,000 – $5,000+ |
- Unpaid Wages: If you are fired, your employer must pay you for every single hour you actually worked, plus any accumulated vacation pay (usually 4%). They cannot withhold your final cheque as a “penalty” for not passing probation.
- Contingency Fees: If an employment lawyer believes you have a strong human rights case regarding your dismissal, they might offer to represent you for a percentage of your final settlement, saving you upfront costs.
How Long Does the Process Take?
Getting your final pay and paperwork should be a fast process. Employers in Newfoundland and Labrador must provide your final pay within one week of your termination. Issuing the ROE takes roughly 5 to 7 days. However, if you decide to file a formal complaint with the Human Rights Commission NL because of a discriminatory firing, the investigation and mediation process can take 1 to 2 years to fully resolve. ⏱
Frequently Asked Questions (FAQ)
Do I get severance pay during probation?
Generally, no. Under the Newfoundland and Labrador Labour Standards Act, an employer is not required to give you notice or pay in lieu of notice (severance) if you have been employed for less than 3 consecutive months, unless your written contract states otherwise.
Can I collect EI if I am fired during probation?
Yes, you can potentially collect Employment Insurance (EI), provided you have worked enough insurable hours across all your jobs in the past 52 weeks and you were not fired for serious, deliberate misconduct.
Can my employer extend my probationary period?
While an employer can internally state your probation is 6 months, the Labour Standards Act protections kick in after 3 months. If they fire you at the 4-month mark, they are legally required to provide you with written notice or severance pay, regardless of their internal policies.
Do they need a valid reason to fire me during probation?
Under the provincial law, an employer does not need to prove “just cause” to dismiss you during the first 3 months. They simply need to conclude that you are not a good fit for the company, provided the reason is not based on discrimination or illegal reprisal.
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