Halifax Employment Lawyers

Halifax employment lawyers helping workers with wrongful dismissal, disability benefits, severance disputes, and workplace accommodation issues.

Do employers in Nova Scotia have to accommodate medical conditions?

The short answer is yes. Under the Nova Scotia Human Rights Commission, employers the law mandates that employers follow a protocol called “Duty to Accommodate,” Employers must accommodate employees with disabilities, special needs, and other protected characteristics.

Keep in mind, your employer reserves the right to ask for relevant medical information related to your disability to determine how best to accommodate your circumstances.

The Meiorin Test

To justify a standard that is prima facie* discriminatory, the employer must establish that the following standards are met:

Rational Connection: it was adopted for a purpose rationally connected to the performance of the job.
Good Faith: in an honest and good faith that it was necessary to fulfill that legitimate work-related purpose
Undue Hardship: the standard is reasonably necessary to accomplish its purpose, meaning the employer cannot accommodate the employee without experiencing undue hardship.

It is in your best interest to have your accommodation agreements in writing to ensure both parties are protected and have the evidence to support the complaint.

*Prima facie: adequate evidence to support a claim at face value.

Can my employer terminate me while I am on medical leave in Nova Scotia?

If your absence from work qualifies as job-protected leave under the Nova Scotia Labour Standards Code, your employer is required to hold your job until the agreed upon return.

Your employment standing and wage are not subject to change under these terms; if your position is no longer available, your employer must place you in the closest role to your previous, without a decrease in wage.

Any established benefits prior to your leave should also be maintained. This is often through a written agreement with your employer, detailing the continuation of your benefits, a payment plan, and a timeline.

There are legal exceptions to this rule, so long as they are not discriminatory to your medical condition or disability:

Layoffs: when your employer can no longer offer your position upon return due to company-wide restructuring or budget cuts, which would have occurred whether you were on leave or not.
Performance Dismissal: failure to perform does not apply to your medical condition or disability. This form of dismissal is based on behavioral action and insufficient performance in your job duties. Written documentation, warnings, and progressive discipline are necessary before dismissal.
Frustration of Contract: if your employer deems it no longer possible for you to accomplish your employment obligations as outlined in your current contractual agreement. Your employer will need to have strong evidence to support this, and prove they have attempted to fulfill their Duty to Accommodate before reaching this conclusion.

What happens if my employer changes my job after medical leave?

Along with protection of job security and duty to accommodate, the Nova Scotia Labour Standards Code also covers prohibition on retaliation. This means employers cannot legally punish you for taking medical leave. Any negative changes to your employment terms that are motivated by your leave or medical status are discriminatory.

Termination or job changes during or directly following your medical leave can constitute as constructive dismissal or a human rights complaint. If you are unsure of the integrity of the actions regarding your employment:

Document Everything: Keep a detailed record of all communications regarding your return, including new job descriptions, changes in pay, and any discussions about your health or accommodations.
Seek Legal Advice: If the changes seem like a demotion or a forced exit, consult an employment lawyer before resigning. Resigning prematurely can sometimes jeopardize your ability to claim constructive dismissal.

How much severance pay am I entitled to in Nova Scotia?

If you are terminated with a severance package, you may not be offered the full compensation you believe you are owed for the duration of your employment. This is because most employers offer only the minimum severance required by the Labour Standards Code, commonly referred to as statutory severance.

In Nova Scotia, most employees are eligible for common law severance unless your employment contract clearly outlines otherwise. Common law allows for greater entitlements based on your position, salary, age, and/or years of service. A common law severance package may include compensation for several forms of employment income, such as:

Base salary for the notice period.
Bonuses, commissions, and incentive pay.
Health and dental benefits continuation (until the prior, contractually agreed upon date.)

Why you should speak to an employment lawyer before signing a contract

Release of Claims

When you sign a severance agreement, you usually also give up the right to pursue legal action for wrongful dismissal. There is a time limit, outlined by your employer, to accept the terms of your severance, so it is important to act quickly. Before signing any termination documents, it is beneficial to speak with a lawyer to determine the best action for your case, and what compensation you can negotiate.

Non-Competition Clauses

Your employment contract may prohibit you from working with a competitor following your exit. This clause can be restrictive and hinder you from finding employment, but such clauses can be disputed if they are deemed unreasonable in court.

Vague Policies

When the wording of your contract is ambiguous, it can be difficult to know your rights. The phrasing of your agreement can have legal implications without clearly explaining the limitations. Not only can a lawyer assist in navigating the confusing terms, but can enforce legal protections; contra proferentem is used in court to protect the signee of the contract, rather than the drafter of the contract.

What should I do if my long-term disability benefits are denied?

Insurers may deny your long-term disability insurance (LTD) for a variety of reasons, such as having pre-existing medical conditions, or your insurer deciding that your disability does not prevent you from working. Your initial denial is not always definite; you can take action to resolve the situation, but it is important that you act quickly and take the appropriate steps:

Secure a denial letter.
Request your full claim file.
Gather relevant medical documentation.
Talk to a lawyer.

Avoid: Pursuing an internal appeal before speaking with legal counsel. This action is handled by the same insurer who initially denied your appeal, so it can be difficult to change their decision. Appeals are a lengthy process, sometimes taking years to reach a decision – leaving you without the benefits you need. The length of this process may also surpass your statute of limitations to file a lawsuit (usually 2 years, depending on your insurance policy.) Lawsuits can have the benefit of a faster resolution and the guidance of experienced lawyers.

For more information on LTD denials, contact us and refer to our guide.

Can my employer stop my disability or workplace benefits?

The laws for discontinuation of benefits will depend on a few different factors, such as whether your benefits are provided by your employer or personal insurance, and the policy language of your specific benefit plan.

Disability Benefits: These are usually governed by an insurance policy. If you qualified for coverage while you were employed, your right to receive benefits continues according to the policy terms, regardless of your employment status.

Group Benefits: Health, dental, and other employer-provided benefits are often tied to active employment. Employers can legally discontinue these after termination, provided they offer required notice or severance pay.

If your employer ends your benefits:

Review Your Policy: Check your specific benefit plan document to understand the conditions for coverage continuation.
Consult Your Employment Contract: Look for clauses regarding benefit eligibility and termination.

What is considered wrongful dismissal in Nova Scotia?

In Nova Scotia, wrongful dismissal generally means you’ve been let go in a manner that does not follow the law or your employment contract. Losing your job suddenly can cause serious stress for you and your family, especially if you are unsure whether your employer had the right to terminate you.

Insufficient notice: Your employer must give you a minimum amount of notice before ending your employment, and that minimum depends on how long you have worked there. If you did not receive enough notice under Nova Scotia law or under your contract, your termination may be wrongful.
Pay in lieu of notice: Instead of having you work through the notice period, your employer may choose to pay you for that time. This “pay in lieu of notice” should be paid in full when you are terminated.

Constructive dismissal (forced resignation)

Sometimes, an employer changes your job drastically rather than firing you outright, to the point you have no choice but to resign. This can amount to constructive dismissal. Common examples include:

A significant cut to your wages, salary, or commission structure.
A demotion that harms your reputation or authority.
Being forced to relocate without a choice or reasonable notice.
Major changes to your day-to-day duties that no longer match your original role or employment agreement.

Just Cause in Nova Scotia

Employers sometimes claim they have “just cause” to fire an employee without any notice or termination of pay. Just cause is a high standard. It usually applies only in serious situations, such as:

Major dishonesty or theft
Serious harassment or violence
Repeated misconduct after written warnings and progressive discipline

In Nova Scotia, if you have been with the same company for 10+ years, your employer usually cannot dismiss you without just cause. If your employer terminates you with just cause, but the facts do not support it, you may still be entitled to notice, pay in lieu of notice, and other compensation.

Compensation for Wrongful Dismissal

If you have been wrongfully or constructively dismissed, your claim is not limited to base salary. You may also be able to recover:

Lost benefits during the notice period (for example, health and dental coverage, disability benefits, and life insurance.)
Bonuses, commissions, or profit‑sharing that you would reasonably have earned.
Pension contributions or RRSP matching you would have received.
In rare cases, additional damages where the employer’s conduct was particularly unfair or in bad faith, such as discrimination or hostile work environments.

How Our Halifax Employment Lawyers Can Help You

Contingency Plan

Concerned about legal fees for employment or insurance disputes? With our contingency plan, you don’t pay unless we win. Let recovery be your priority as we make your case ours.

Legal and Medical Practitioners in one Place

NOVA Injury Law’s Doctor-Lawyer Firm™ provides in-house medical insight, guiding every step of your claim. This unique method allows us to identify the full extent of your medical conditions, anticipate long-term complications, and present clear, persuasive medical evidence that safeguard you from insurer and employer inspection.

Strong Cases, Faster Resolutions

A skilled lawyer, like those found at NOVA, can often resolve the matter before proceeding to trial, limiting legal fees and getting you your money sooner. Well-written claims, relevant evidence, and quality negotiations can result in larger and faster settlements than otherwise achievable, while still preparing for trial if necessary.

Coordinating Employment Insurance Claims

Employment disputes often intersect with Employment Insurance (EI) and Long-Term Disability. The experienced injury and insurance lawyers at NOVA Injury Law understand how these issues interact and can coordinate strategies to ensure clients receive the maximum compensation available.

Experience you Can Trust

By combining empathy, dedication and legal knowledge to the people we serve, our team at NOVA has recovered over $50 million for 1,500+ clients. With our proven track record, and understanding of the regional challenges Halifax residents face, we are prepared to help you.

Let our client testimonials highlight what we can do for you.

Call Our Halifax Employment Lawyers Today

If you or someone you know are facing challenges with workplace discrimination, termination, disability rights, or any other employment concerns in Halifax, Nova Scotia – don’t wait. Speak to our legal team today!

Contact NOVA’s employment and personal injury lawyers for a free case consultation and a strategy tailored to your needs. Reach us online or call 902-709-1490, we’re available 24/7!