Corner Brook Wrongful Termination Lawyers

Unexpectedly losing your job can be stressful and confusing, especially if your employer didn’t provide you with proper notice or severance (pay in lieu). In Newfoundland and Labrador, employees that have been terminated without receiving proper notice or compensation, or in breach of their employment contract, may have a claim for wrongful termination.

Under provincial law, employees are entitled to a standard of rights and protections in the workplace, as outlined by the Labour Standards Act (1990), to help level the playing field. The Labour Standards Act outlines the minimum rights and obligations that most employees and employers have. It sets a baseline standard for things like:

Working Conditions;
Pay, hours of work, and overtime;
Vacation, holiday time, and leaves of absence;
Employment termination.

Why Does the Labour Standards Act Matter?

If you’ve been terminated from your employment, the Labour Standards Act can act as a baseline or starting point for asking questions such as:

Am I owed a termination notice?
Am I owed severance pay?
Was there just cause for termination?

If your employer has not met the minimum requirements, you may have a claim for wrongful termination in Newfoundland and Labrador.

What is Wrongful Termination?

Many employees may assume that wrongful termination only occurs when there was no reason for an employer to terminate them. In reality, however, employers are able to terminate an employee without cause so long as proper notice or compensation is provided. When this notice or compensation isn’t provided, and there is no just cause, the termination may be considered wrongful.

Many people use wrongful termination to describe terminations that include instances such as:

Discrimination;
Retaliation for asserting workers rights;
Reprisal for complaints received;
Human rights violations;
Bad faith conduct.

These may all include additional claims beyond wrongful termination, such as human rights complaints, or to the occupational health and safety regulations. If your wrongful termination includes any additional factors, seeking legal aid may help to ensure you receive the compensation you may be entitled to.

Common Examples of Wrongful Termination

There are a number of different situations in which wrongful termination may occur. Understanding what wrongful termination looks like can help ensure you are prepared if you ever find yourself in a similar situation. Some common examples include;

Termination without appropriate notice;
Termination without just cause;
The employer is relying on an unenforceable contract clause to justify termination;
An employee was not paid out their bonuses earned, commissions, benefits, or allowances during their termination period;
Constructive dismissal, including demotions, forced relocations, fundamental role changes, or a large pay cut.
If an employer has pressured an employee into resigning for any reason;
Bad fair termination has occurred, such as an employer providing false allegations or misleading reasons for the termination;
Retaliatory or discriminatory terminations, such as after requesting an accommodation or after having taken a protected leave.

Am I Ever Protected from Termination?

As outlined by the Labour Standards Act, there are specific situations where an employee is protected from being terminated by their employer. These situations include:

Safety or Injury Claim:
If an employee is away from work due to a workplace safety complaint, or an injury claim from an injury that occurred at work, that employee is protected from being terminated.

Protected Leave:
Protected leave can include parental or maternity leave, or leave for instances like jury duty. During this period of leave, an employee is protected from termination, regardless of reasoning.

What is Statutory Minimum Notice?

In the province of Newfoundland and Labrador, the amount of notice an employer is required to provide is dependent primarily on the amount of continuous service years an employee has. The typical structure is:

Continuous Service Time	Notice required
3 months to less than 2 years	1 week
2 years to less than 5 years	2 weeks
5 years to less than 10 years	3 weeks
10 years to less than 15 years	4 weeks
15 years or more	6 weeks

It is typical for employers to choose to provide pay in lieu of working notice instead of requiring the employee to continue working the duration of the termination notice period.

Is Notice Always Required?

There are some instances where statutory notice of termination may not be required. These may include, but are not limited to situations such as:

Just cause dismissal: Such as instances of serious misconduct or theft by the employee. This may be disputable, depending on the severity and specifics of the situation.
Short service: The employee’s continuous service time did not meet the minimum requirement.
Temporary employees: Instances where an employee is hired as temporary or fixed-term may fall under this category.
Layoffs: In some special circumstances, layoffs within a sector may not require full statutory notice.

Additional Rights Owed

Many employees in the province are unaware that full severance rights include more than just statutory notice. In some cases, employees are entitled to claim additional rights, such as those for:

Common law reasonable notice;
Contractual severance entitlements;
Bonuses or continuation of benefits;
Damages for wrongful dismissal.

These amounts can lead to employees being entitled to claim amounts that are significantly higher than what is outlined in the Labour Standards Act as the minimum. If you are unsure if your termination is owed severance from one of these areas, speaking with a wrongful termination lawyer may help you ensure you receive everything you’re entitled to.

Should I Be Receiving Severance Pay?

Severance pay is money that an employer owes an employee that has been terminated without just cause. Severance pay is intended to help an employee bridge the financial burden or gap they may face while between jobs after a termination has occurred. Severance can be paid out as:

A lump-sum payment;
Continuance of salary over a set time;
Continuation of benefits over a set time;
Bonus or compensation payments;
Any other negotiated compensations as outlined by the employment contract.

Severance pay can vary slightly, as it can be influenced by a number of different factors. Some common influential factors of severance amounts may include an employee’s length of service, their age, and the position and seniority level of that position. Other influential factors may include availability of similar work in the industry, and how challenging finding a new or similar role is likely to be.

How is Severance Calculated?

In Newfoundland and Labrador, severance pay is calculated by looking at what the employee is legally entitled to receive after being terminated without cause. Sources include:

Minimum statutory notice or pay as outlined by the Labour Standards Act.
Terms of the specific employees contract.
Common law reasonable notice.

To help calculate severance, more than just a base salary should be considered. Regular wages, value of benefits and bonuses, commissions or additional allowances, and the impact of the termination should influence the amount of compensation offered.

This means that there is no direct formula for calculating severance pay, and each situation is unique. The first mistake many terminated employees make is accepting the first severance package offered to them, and not speaking to an experienced wrongful termination lawyer.

What is Common Law Reasonable Notice?

Common law reasonable notice is the amount of notice, or the pay in lieu, that an employer may own an employee if they are planning to terminate without just cause. This is a judge-made law (court decision), rather than a legislation or provincial act, that can greatly influence the amount of severance an employee may be entitled to claiming.

Where the Labour Standards Act sets the minimum bar, Common law reasonable notice may reach far above it. Courts will look at several factors when deciding what is reasonable, including;

The length of service;
Terminated employees age;
The character of the employee (their role, seniority, and specialization of the role they filled);
Availability of similar employment for an employee with similar experience, qualifications, and current market conditions.

How Long Do I Have to Bring a Wrongful Dismissal Claim Forward in Newfoundland and Labrador?

Typically there is a 2 year period in which a terminated employee can bring a wrongful termination claim forward. The exact length of time may vary depending on how the claim is being pursued, however. The Limitations Act (1995) defines the exact length of time that a person has to bring a civil claim forward before the claim is no longer accepted. This is in an effort to prompt fairness and legal clarity.

The 2 year limitation period usually starts when the claim is discovered, so typically either;

The date of the wrongful termination (employment end date), or;
The date in which the terminated employee should have reasonably known a loss was occurring as a result of the dismissal.

It’s important to not wait until the last minute to file your wrongful termination claim. Waiting can negatively impact your position, and may lessen the compensation or severance you receive. Waiting too long may mean that evidence or key documentation is lost, memories may change, and negotiation leverage may decrease. Importantly, missing the claim limitation deadline could mean that your claim is permanently denied.

What to Do if You’ve Been Wrongfully Dismissed

If you believe that you’ve been wrongfully terminated, taking proactive steps early can help strengthen your claim, and may make a significant difference in your severance package.

Keep copies of important documents such as:

Termination letters;
Employment contracts;
Emails or any written communications with your employer;
Performance evaluations or reviews.

Don’t sign anything too quickly:

Employers often present terminated employees with a severance package that only reflects the minimum provincial standards. Signing these agreements may limit your future rights, and may limit your ability to pursue additional compensation.

Seek legal guidance:

A lawyer can review the specifics of your termination and determine whether you may have a claim for wrongful dismissal in Newfoundland and Labrador, and if you may be entitled to additional severance.

How a Wrongful Termination Lawyer Can Help

Working with an employment or wrongful termination lawyer can help you navigate challenging terminology, and ensure that you understand your legal options if you’ve been wrongfully terminated. If necessary, a wrongful termination lawyer, like one of our trusted team members at NOVA Injury Law, is ready to help you pursue the compensation you may be entitled to.

A wrongful termination lawyer can help with:

Reviewing the specifics of your termination, and ensuring wrongful termination has occurred (as well as identifying any additional possible claims).
Reviewing the termination and employment contracts, as well as any additional influential clauses or contracts.
Negotiating an improved severance package from initial offers.
If necessary, we are ready to represent you in settlement negotiations or through litigation in a court of law.

Phone, Video, or in Person

Whether you prefer by phone, video chat, or to connect in person; our team is ready to connect with you and discuss your possible wrongful termination. We will work collaboratively with you to ensure you receive the compensation you deserve. Stop by our Corner Brook office, and talk with a member of our team about your claim today.

No Fees Until We’ve Won Your Case

Wrongful termination can have serious negative impacts on your life, and may place a significant financial strain on you and your family unexpectedly. Working with a trusted legal team, like our wrongful termination lawyers, can help to make sure you receive fair severance for your dismissal. With no upfront fees, we can get started on your claim right away.

You don’t pay unless we win your case. Wrongful termination is stressful; we keep it simple.

**Contact our Corner Brook NOVA Injury Law Office Today for Your FREE Case Evaluation**

If you’ve been dismissed without proper notice or fair compensation, you may be entitled to significant compensation or damages. Our wrongful termination lawyers help employees understand their rights and assess whether a severance package reflects the full compensation that you may be legally owed. Speak with a wrongful termination lawyer today, and make sure you’re getting the best of your severance offer.