Moncton Employment Lawyers

How Our New Brunswick Employment Lawyers Help Employees

If you are facing issues within or related to the workplace, you may feel overwhelmed or uncertain about your rights. This can be especially taxing when your livelihood or professional goals are at stake. Employment law exists to protect your rights as an employee, providing clear rules around hiring, workplace conduct, termination, and severance.

Our New Brunswick employment lawyers are here to assist, serving you across a broad range of issues including wrongful dismissal, severance negotiations, and human rights complaints and accommodations. We navigate your employment issues through provincial legislation, namely the New Brunswick Employment Standards Act and Human Rights Act.

Every employment issue is unique to your personal experience and deserves to be treated as such. Sometimes, negotiating with your employer is the best course of action. In other cases, legal proceedings, such as court tribunals, will garner you the better outcome. Employment law often intersects with other legal issues, like insurance or injury related disputes. Our lawyers, along with our in-house physician, are equipped to support you in all respects. With experience and compassion to back, the lawyers at NOVA work diligently to get you the best outcome for you.

Legal proceedings in employment law adhere to timelines and statutes of limitations. Don’t wait, contact us today for a free consultation and let us guide you through the next steps.

Employment Law Issues We Handle

Our New Brunswick employment lawyers provide comprehensive support across a wide range of workplace issues to protect your rights and interests.

Wrongful Dismissal
We help determine if your termination was lawful, ensuring your employer provided proper notice or compensation as required by law. If not, we advocate for fair remedies.

Severance Package Review and Negotiation
Severance entitlements often exceed minimum statutory requirements. We assess your case using several factors to negotiate the best possible severance package on your behalf.

Constructive Dismissal
When significant changes are made to your job duties, compensation, or working conditions without your consent, this may legally amount to a forced termination. We evaluate your situation and advise on your rights and options.

Workplace Harassment and Discrimination
We address inappropriate conduct that violates your dignity or protected human rights. Our team assists you in pursuing legal remedies, including complaints to the New Brunswick Human Rights Commission.

Employment Contract Disputes
We review and enforce employment contracts, including restrictive agreements such as non-compete and confidentiality clauses, helping resolve disagreements over terms and conditions.

Duty to Accommodate and Workplace Rights
Employers have a legal obligation to accommodate disabilities. We support you in ensuring these rights are respected and enforced in your workplace to a reasonable extent.

Your Rights as an Employee in New Brunswick

Termination, Notice, and Severance Entitlements

In New Brunswick, your rights around termination are governed by both the Employment Standards Act (ESA) and common law principles developed through court decisions. Employers must provide written notice or pay in lieu of notice when terminating without cause. The ESA (see: 30[1]) sets minimum notice periods based on your length of service:

Length of Employment	Required Notice
Less than 6 months	No notice required
6 months to under 5 years	2 weeks notice in writing or 2 weeks pay in lieu
5 years or more	4 weeks notice in writing or 4 weeks pay in lieu

What your employer may not tell you is that these are minimums. Courts in New Brunswick sometimes require longer “reasonable notice” periods. This means you may be entitled to more notice or severance pay than the ESA minimums.

Severance pay is not specifically mandated beyond notice or pay in lieu, but it can be negotiated further under common law*. Severance calculations typically consider, and may be increased by:

Your age and length of service
Your ability to find new employment
Your position and responsibilities

For example, an older employee with 15 years of service in a senior role may be entitled to several months of severance, while a younger employee, although employed for 5 years or more, may receive less. Don’t let that deter you, however, as both parties still reserve the right to negotiate a higher common law severance.

*Common law is the term for decisions made by courts through prior judicial rulings and case law, for scenarios such as severance which do not have clear legal statutes.

Protection from Workplace Discrimination

Every employee has the right to feel comfortable in the workplace, with professional goals being your main focus. Grounds of discrimination based on identity, under The New Brunswick Human Rights Act, are no exception. If you are facing treatment that is unfair or inappropriate based on factors such as race, gender, disability, age, religion, sexual orientation, and/or family status, our employment lawyers are prepared to advocate for you with compassion.

Employers in New Brunswick must provide a safe, respectful work environment and accommodate disabilities or other personal characteristics to the point of undue hardship*. If you are experiencing misconduct related to discrimination or harassment, you have the right to file a complaint with the New Brunswick Human Rights Commission. Employers are legally obligated to investigate and address such complaints promptly.

*Undue Hardship hardship is a legal standard referring to an accommodation request that requires extensive difficulty or expense, to the point it is unreasonable for an organization to fulfill.

Employer Obligations Under New Brunswick Law

Ensuring equal opportunity in hiring, promotion, and all employment practices without bias, especially against discrimination grounds.
Providing reasonable accommodation for employees with disabilities or other protected needs, unless doing so would cause undue hardship to the business.
Implementing clear policies and training to prevent discrimination and harassment, promoting a culture of respect and inclusion systematically.
Investigating complaints of discrimination or harassment and taking effective corrective action to address any violations promptly.

If these obligations are not being met by your employer, there are options for you. This can be Alternate Dispute Resolution (ADR), a complaint through the New Brunswick Human Rights Commission, or if necessary, a lawsuit.

What to Do if You Have a Workplace Issue in New Brunswick

Steps to Take After Being Terminated

Request written notice: or severance details from your employer immediately.
Review your employment contract: and any severance offer carefully. Do not sign anything without understanding your rights.
Document: all communications with your employer, including termination letters and emails.
Gather evidence: such as pay stubs, performance reviews, and correspondence related to your employment and termination.
Consult an employment lawyer: to assess whether your treatment was lawful and to understand your legal eligibility and next steps.

Before Accepting a Severance Offer

Understand that severance offers may not always reflect your full legal entitlements, especially under common law.
Consider factors like your age, tenure job role, that may increase your severance package.
Avoid signing severance agreements without legal advice, as they often include waivers of your rights to pursue further claims.

An employment lawyer can help you negotiate a fairer severance package, or advise on whether to reject the offer.

Ongoing Workplace Problems

If you are facing harassment, discrimination, or failure to accommodate a disability, document incidents carefully with dates, times, and witnesses.
Report issues to your employer or HR department in writing, keeping copies of all correspondence. This may act as evidence in a workplace dispute.
If problems persist, you may file complaints with the New Brunswick Human Rights Commission or the Employment Standards Branch depending on the issue.
Avoid delays, as strict timelines apply for filing complaints or claims in New Brunswick.

Remember that there are protections in place to help you. Whether you are overwhelmed or need assistance in understanding contractual rights, seeking legal advice early helps you to understand your options, and ensures you do not miss important deadlines.

Our Approach to Employment Law Cases

Initial Consultation and Case Assessment

Our lawyers begin by listening carefully to your situation through a confidential, no-fee consultation. We will review the details of your case, including your employment contract, severance offers, and any relevant communications. We assess your rights under New Brunswick law and identify the strongest legal options available to you.

Developing a Legal Strategy

Based on our assessment, we develop a tailored legal strategy focused on achieving the best possible outcome. This may involve negotiating with your employer, preparing for potential human rights complaints, or planning for litigation. Our personalized approach balances practical solutions with a clear understanding of your goals and circumstances.

Negotiation and Settlement

Whenever possible, we aim to resolve disputes through negotiation and settlement to save you time, stress, and legal costs. We advocate firmly on your behalf to secure fair severance packages, workplace accommodations, or remedies for discrimination. Our team negotiates with employers and their legal representatives to protect your rights and interests, and save you the stress of court when possible.

Litigation When Necessary

If negotiations fail, or your case requires formal legal action, we are prepared to represent you in court or before tribunals. Our lawyers have extensive experience handling wrongful dismissal claims, human rights complaints, and employment contract disputes in New Brunswick courts. We guide you through every step of the litigation process with clear communication and dedicated support.

Common Court Tribunal Process for New Brunswick Employment Issues

Claim Type	Where it’s Filed	The Process	*General Limitations**
Wrongful Dismissal (Civil Claim)	Court of King’s Bench of New Brunswick or Small Claims Court	File a statement of claim Discovery (exchange of evidence) Motions/summary judgements Trial if necessary	2 years from date of termination
Human Rights Complaints	New Brunswick Human Rights Commission	Formal complaint Investigation Meditation opportunities If unresolved, referral to board of inquiry	1 year from the incident
Employment Standards Complaints	Employment Standards Branch of New Brunswick	File complaint Investigation by provincial officers Potential outcome: orders for compensation	1 year, extensions sometimes considered

*Different limitations and extensions may apply depending on case-specific circumstances, however this is a general guide to help you know what to expect from the legal process.

Why Choose Our Moncton Employment Lawyers

Contingency Plan

Concerned about legal fees for employment or insurance disputes? Our payment structure offers no upfront costs. With our contingency plan, you don’t pay unless we win. Let recovery be your priority as we make your case ours.

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.

Legal Council 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.

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 New Brunswick residents face, we are prepared to help you.

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

Frequently Asked Questions

Are employment contracts allowed to override minimum standards?

No. Employment contracts cannot provide terms that are less favorable than the minimum standards set by the Employment Standards Act. Any clause that attempts to do so cannot be enforced..

What should I do if my employer does not provide a pay stub or proper records?

You should request the missing documentation in writing. If your employer still fails to provide it, you can file a complaint with the Employment Standards Branch for enforcement.

Can I be terminated while on a protected leave (e.g., parental or medical leave)?

Generally, employees on protected leaves cannot be terminated because of their leave. Termination during this time is only lawful if there is just cause unrelated to the leave or if the employer undergoes a business closure or mass layoff.

Is there a difference between being laid off and terminated under New Brunswick law?

Yes. A layoff is a temporary suspension of employment with the possibility of recall, while termination ends the employment relationship permanently. Notice and severance obligations differ accordingly.

Can an employer require a doctor’s note for sick leave?

Yes, employers can request a medical certificate to verify an employee’s illness or incapacity during sick leave, but the request must be reasonable and respect privacy.

Am I entitled to any notice or final pay if I resign?

You are generally expected to give reasonable notice to your employer before quitting, as outlined in your contract or common law. You must receive your final pay, including any earned wages, vacation pay, and other owed amounts.

Call Our Moncton Employment Lawyers Today!

Termination, severance, and workplace negotiations can be complex and high-stakes, often feeling overwhelming. Consulting with legal counsel to review your situation can help safeguard your rights, and potentially save you money in the long run. Even if you decide not to retain full representation, an initial consultation and case review can help to provide valuable clarity so you can make the best decision for you and your family. Our team can assess your specific situation, evaluate any offers, and help position you for the strongest possible outcome. Give us a call today!