St. John’s Employment Lawyers

Trusted Legal Support for Employment Law and Personal Injury

At NOVA Injury Law, our team recognizes the importance of feeling comfortable and secure in your workplace, whether that be physically, mentally or financially. When those core values are compromised, we’re here to help. Our lawyers are equipped to help you in a variety of workplace disputes, putting your needs at the forefront.

Our lawyers are experienced in the intersection of employment law and personal injury – this strengthens our ability to help you navigate insurance disputes, severance, wrongful termination, and more.

If you or someone you know are experiencing workplace concerns, contact us for a free consultation.

Common Employment Law Services We Offer

Workplace Discrimination and Harassment

Provincial human rights laws protect employees in New Brunswick from discrimination and harassment in the workplace based on protected characteristics. Under the New Brunswick Human Rights Act, these include race, gender, disability, age, sexual orientation, religion, family status, and more.

Discrimination and harassment can take many forms, both obvious and subtle, such as:

Ostracisation or exclusion from workplace activities

Biased reasoning leading to missed promotions or opportunities

Negative or inappropriate comments, threats, or intimidation
Unwelcome conduct that creates a hostile or offensive work environment

Harassment related to any protected characteristic can severely impact your well-being and work performance, and should not be taken lightly. Legal support can help you feel safe and supported and allow you to focus on your professional goals.

Unpaid Wages and Overtime Pay Claims

If you believe your employer has withheld wages or failed to pay overtime owed to you, you have the right to take action. Under New Brunswick employment standards, employees must be paid for all hours worked, including any eligible overtime.

Common scenarios include:

Unpaid regular wages or missed paychecks

Overtime hours worked but not compensated

Misclassification as an exempt employee to avoid paying overtime
Deductions from pay without proper authorization

Don’t let unpaid wages affect your financial stability. Let us support you to protect your rights and ensure you receive fair compensation for your hard work. Our lawyers can help you:

Review your pay records and employment terms

Calculate the wages and overtime you are owed
Pursue claims to recover unpaid wages through negotiation or legal action

Wrongful Dismissal

Losing your job unexpectedly can be overwhelming, both emotionally and financially. The uncertainty about whether your termination was lawful only adds to the stress. If you’ve been dismissed, it’s important to understand your rights under New Brunswick employment law and know what signs to look out for.

Common Types of Wrongful Termination

1. Termination Without Proper Notice

In New Brunswick, employers are legally required to provide notice before ending your employment. The length of this notice depends on how long you have worked for the company. If you were given less notice than the law requires, or no notice, your termination may be wrongful.

2. Pay in Lieu of Notice

Instead of working through the notice period, your employer may choose to compensate you with a payment equal to that notice. This pay must be provided in full at the time of termination.

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

If you suspect your termination was unfair or did not comply with New Brunswick law, our Saint John employment lawyers are here to help. We offer compassionate, knowledgeable support to protect your rights and pursue the compensation you deserve.

3. Constructive Dismissal

Sometimes, rather than outright terminating you, your employer may make significant changes to your job conditions which impact you to the point you are forced to resign.

If you have you noticed:

A drastic reduction in your salary or benefits or commission structure,

Significant changes to your job duties or responsibilities that do not align with your contract,

Relocation without negotiation or reasonable notice, which would require you to move,

A hostile or unsafe work environment that your employer fails to address,

You may be facing a constructive dismissal scenario. It’s important that you keep records of all related communications and documents, review your employment contract for notice and termination terms, and seek legal advice early to meet claim deadlines and ensure your agreements are the best option for you.

Severance Package Negotiation

Sometimes employers will give the legal minimum for severance packages, as outlined by statute or your contract. Did you know you can negotiate your severance agreement?

Factors we identify to help you maximize your severance compensation:

Statutory Minimums vs Common Law: Statutory minimums are the legal baseline for notice and severance, but common law often provides greater compensation based on factors like job length and position.
Compensation Variables: Length of service, age, position, and difficulty finding new work are key factors courts consider when awarding compensation beyond minimums.

Why You Should Seek Legal Advice Before Signing Any Release

Signing a release can waive your rights to pursue further claims. Legal advice ensures you understand what you’re giving up and negotiate the best possible terms.

Employment and Personal Injury Lawyers In One Place

Legal Support for Disability Insurance

Employees who suffer serious workplace injuries or illnesses often face complex challenges beyond immediate medical care. While long-term disability (LTD) benefits can provide vital support, insurance companies sometimes deny legitimate claims or cut off benefits prematurely.

Our legal team is experienced in handling these complicated LTD disputes. Through a collaborative approach involving medical and legal advice, we build strong evidence to support your claim. We assist in appealing denied claims and pursuing fair compensation for clients struggling with their insurance claims.

Claims for Psychological Injuries and Workplace Stress

Workplace injuries aren’t always physical. Psychological injuries such as anxiety, depression, or stress caused by workplace conditions or harassment are serious and sometimes overlooked. Our lawyers help you recognize these injuries and pursue compensation, ensuring your mental health concerns receive the attention and legal protection they deserve.

Injury and Disability in the Workplace: Accommodations and Leaves

New Brunswick employers are legally obligated to provide a safe work environment and accommodate employees’ medical and personal needs. This includes:

Duty to Accommodate: Employers must make reasonable accommodations for disabilities, religious practices, and other protected characteristics, up to the point of undue hardship. Examples include ergonomic equipment, modified work hours, or workload adjustments. It is best to have accommodation agreements in writing to prove you did your due diligence and that your needs were not met by your employer.
Job-Protected Leave: Under New Brunswick’s labour laws, employees are entitled to job-protected leave for medical, family, or essential life events. This means your job (or a comparable position) and benefits are protected during your absence, provided you meet eligibility requirements such as continuous employment and reasonable notice.

How Our New Brunswick Legal Team Supports Your Case

Initial Case Evaluation and Strategy Planning

Our legal team begins by thoroughly reviewing your situation to understand the facts and legal issues involved. We develop a clear, tailored strategy focused on achieving the best possible outcome for your workplace injury or employment dispute.

Negotiation and Alternative Dispute Resolution

Whenever possible, we aim to resolve your case through negotiation or alternative dispute resolution (ADR) methods such as mediation or arbitration. These approaches can save time, reduce stress, and avoid costly court battles while still protecting your rights.

Litigation and Court Representation

If negotiation isn’t successful or appropriate, our skilled litigators are prepared to represent you vigorously in court. We advocate passionately for your interests, presenting a strong case to secure fair compensation and justice.

Collaborating with Medical Professionals to Strengthen Your Claim

We work with our in-house physician to obtain detailed assessments and informed opinions. This collaboration ensures your physical and psychological injuries are fully documented, bolstering your claim and supporting your path to recovery.

Frequently Asked Questions About Employment Law in New Brunswick

How long do I have to file an employment claim in New Brunswick?	You generally have two years from the date of termination or incident to file most employment-related claims, but some claims may have shorter deadlines. Act promptly and contact us if you are unsure of the deadline for your claim.
Can I sue my employer for emotional distress?	In specific cases such as wrongful dismissal or workplace harassment where emotional harm is proven. Compensation depends on the circumstances and evidence.
What compensation can I expect for wrongful dismissal?	Compensation typically includes notice pay or pay in lieu, and may also cover severance, lost benefits, and sometimes damages for bad faith conduct by the employer.
How do I prove harassment or discrimination at work?	Keep detailed records of incidents, gather witness statements, and document any communications. Evidence of a pattern or impact on your work strengthens your claim.
What if I was injured on the job but not covered by workers’ compensation?	You may pursue a civil claim for negligence if they failed in their duty to provide a safe workplace. Legal advice is crucial to explore your options.

Contact Our St. John’s Employment Lawyers

We offer free consultations, 24/7 availability, house calls, and case evaluations. Protect your workplace rights and contact us today!