Employee rights including if terminated, laid off, or dismissed and unfair employment actions

When an employer dismisses an employee for cause, they must give them the reasons in writing. The act does not have any provisions as to when this notice should be provided, however the Labour and Employment Board has established criteria. The notice should be provided upon dismissal or within a reasonable time depending on the circumstances. The employer will need to prove that the employee received a dismissal notice stating cause. Evidence may be requested to prove the cause existed. 

When the employer does not provide the reasons in writing, the dismissal becomes a termination and for an employee who has worked for an employer for six months or more, the employer will be required to pay them what they would have earned during the applicable notice period. 

When an employee has worked for an employer for less than six months, the employer is not required to give them advance notice of the termination or layoff.

When an employee has worked for an employer for at least six months but less than five years, the employer must give them at least two weeks written notice of the termination or layoff.

When an employee has worked for an employer for five years or more, the employer must give them at least four weeks' written notice of the termination or layoff.

The employer may choose to pay the employee the wages they would have earned during the applicable two or four-week notice period instead of providing written notice.

However, an employer can terminate or lay off an employee without notice where:

• the termination of employment is due to the completion of a definite assignment they were hired to perform over a period of not more than 12 months
• the employee has completed a term of employment fixed in the employment contract, unless they are employed for three months beyond that period
• the employee retires under an established retirement plan
• the employee is doing construction work in the construction industry
• the termination or layoff results from the normal seasonal reduction, closure or suspension of an operation
• the employee has refused reasonable alternative employment offered by the employer instead of being terminated or laid off

In addition, an employer can lay off an employee without notice where:

• the layoff is for a period not exceeding six days, or
• there is a lack of work due to some unforeseen reason

Contact the Employment Standards Branch to determine if the reasons qualify as unforeseen.

When an employer intends to terminate or layoff in a four-week period more than ten employees, and if they represent at least twenty-five per cent of their employees, the employer must first give at least six weeks’ notice to the Minister of the Post-Secondary Education, Training and Labour and the affected employees.

An employee is not required to provide notice to his employer when quitting a job. It is recommended that the employer keep a copy of the employee’s notice of quit in their file.

Severance pay is not the same as pay in lieu of notice. It is a common law matter and is not included in the Employment Standards Act.

Dismissed for making a complaint

Employers cannot suspend, lay off, penalize, dismiss or otherwise terminate or discriminate against an employee for making or giving information against the employer with respect to the Employment Standards Act.

Lie detector test

Employers are not permitted to ask, require or direct an employee or prospective employee to take a lie detector test. In addition, the results of a lie detector test taken in any other jurisdiction cannot be disclosed to an employer.

Workplace injury

Employees are entitled to return to work after a workplace injury when they:

• suffer a workplace injury
• are entitled to compensation under the Worker’s Compensation Act
• have been told they are capable of resuming work by WorkSafeNB

This right to return to work is administered by the Employment Standards Branch.

• Employee rights including if terminated, laid off, or dismissed and unfair employment actions (PDF 292 KB)