New Brunswick Employment Lawyer Help | Free Plain-English Answers

Employment Law in New Brunswick — what to do right now

Write down the dates and the dollars before you cool off. Note your start date, your last day, your pay and hours, and exactly what happened — fired, laid off, demoted, or a change so big you felt forced out. Then do three things. First, do NOT sign a severance release on the spot: the Employment Standards Act minimum is just a floor, and most fired New Brunswick employees are owed more 'reasonable notice' at common law that a quick signature can waive. Second, watch two clocks — a wrongful or constructive dismissal lawsuit generally must be started within two years under the Limitation of Actions Act, and a discrimination or reprisal complaint to the New Brunswick Human Rights Commission has only one year. Third, save your offer letter, pay stubs, schedules, emails and termination letter to your own phone or email now, before you lose access to a work account. The free call helps you work out which deadline is closest and what your real number looks like.

The law in New Brunswick: Employment Law

New Brunswick has no general 'at-will' employment. Almost every non-unionised, provincially-regulated worker is covered by two bodies of law at once, and the gap between them is where most cases live. The first is the Employment Standards Act — the provincial minimum floor, enforced for free by the Employment Standards Branch and, on appeal, the Labour and Employment Board. The second is the common law of 'reasonable notice,' enforced by suing in court. They are separate, and the Employment Standards Act minimum is almost always the smaller number.

Start with the statutory floor. New Brunswick's notice scale is short and simple — and shorter than most provinces. Under section 30 of the Employment Standards Act, an employer terminating you without cause must give written notice — or pay in lieu — of two weeks once you have worked a continuous period of six months or more but less than five years, and four weeks once you have worked five years or more. Below six months of continuous service, the Act requires no statutory notice at all. And here is the important difference from a province like Ontario: New Brunswick has NO separate, additional 'severance pay' regime layered on top of notice. The two-or-four-week notice is the whole statutory entitlement. That makes the gap between the legal minimum and what a court might award especially wide here.

Now the part employers rarely volunteer: common-law reasonable notice. When you're dismissed without cause and without an enforceable contract clause limiting you to the Employment Standards Act minimum, the courts say you're owed 'reasonable notice' of termination, which is usually far more than two or four weeks. There's no formula, but courts weigh the 'Bardal factors' — your age, length of service, the character of your job, and how hard comparable work is to find. As a rough feel it often lands around a month per year of service, with a practical ceiling near 24 months in all but exceptional cases. A 55-year-old manager with 10 years in might be owed many months' pay even though the statutory floor is only four weeks. This is why a severance offer that merely matches the Employment Standards Act can leave large money on the table.

Constructive dismissal is the same idea from the side door. If your employer makes a fundamental, unilateral change to your job — a real pay cut, a demotion, a forced relocation, or a poisoned, harassing workplace — you may be treated in law as dismissed even though no one said 'you're fired.' You generally have to leave to claim it, you usually have a 'duty to mitigate' by looking for comparable work, and the two-year limitation clock typically starts at the change. Walking out is risky to get wrong, so this is exactly the kind of situation worth talking through before you act.

Finally, your rights don't depend on being fired. The New Brunswick Human Rights Act prohibits discrimination and harassment in employment on a wide list of protected grounds — including race, colour, national origin, ancestry, place of origin, creed or religion, age, marital status, family status, sex (including pregnancy), sexual orientation, gender identity or expression, physical or mental disability, social condition, and political belief or activity — and it forbids 'reprisal' for asserting those rights. Complaints go to the New Brunswick Human Rights Commission, and the deadline is one year from the last incident — far shorter than the two-year court window. Note the federal line, too: most New Brunswick workers are provincial, but if your employer is in a federally-regulated industry (banks, airlines, interprovincial transport, telecoms), the federal Canada Labour Code applies instead. Which track and which clock fit your situation isn't always obvious — that's the first thing the free call sorts out.

Key Legislation

Employment Standards Act (New Brunswick) — the minimum floor: termination notice/pay in lieu, final pay, vacation pay, leaves
ESA termination notice (s.30) — 2 weeks after 6 months' service; 4 weeks after 5 years' service; none under 6 months
No separate 'severance pay' regime — unlike Ontario, New Brunswick's statutory entitlement is the notice/pay-in-lieu only
Common law 'reasonable notice' — judge-made, usually far larger than the ESA floor; weighed on the Bardal factors; practical ceiling near 24 months
New Brunswick Human Rights Act — bans workplace discrimination, harassment and reprisal on a wide list of protected grounds
Limitation of Actions Act (New Brunswick) — 2-year basic deadline to start most wrongful/constructive dismissal lawsuits

Courts & Tribunals

Employment Standards Branch — free ESA complaints (an employment standards officer investigates unpaid wages, termination/notice pay, vacation pay); no lawyer needed
Labour and Employment Board — adjudicates ESA matters referred from the Branch, and hears human-rights boards of inquiry
Court of King's Bench of New Brunswick — wrongful and constructive dismissal lawsuits for reasonable notice
New Brunswick Human Rights Commission — discrimination, harassment and reprisal complaints under the Human Rights Act
Federally-regulated workers (banks, airlines, telecoms, interprovincial transport) use the federal Canada Labour Code instead of the ESA

Deadlines That Matter

Wrongful / constructive dismissal lawsuit: 2 YEARS from termination (or from the fundamental change), under the Limitation of Actions Act
Human Rights Commission complaint: 1 YEAR from the last incident of discrimination or reprisal — the deadline most often missed
ESA complaint with the Employment Standards Branch: file promptly; the Branch investigates unpaid wages and termination pay
Statutory notice/pay in lieu is owed at termination — but it is only the floor, not your full entitlement
Don't sign a severance release before you know your common-law number — a signature can waive the larger amount permanently

The trap that costs New Brunswick workers the most: the ESA is a floor, not the answer

Here's what blindsides people. You're handed a termination letter offering 'your Employment Standards entitlement' — two weeks, maybe four — plus a release to sign 'by Friday.' It feels official, even fair. But for most dismissed New Brunswick employees that statutory minimum is just the floor, and the common law entitles you to considerably more 'reasonable notice' — often roughly a month per year of service, sometimes far more for older, long-serving or senior workers. And because New Brunswick has no extra 'severance pay' regime stacked on top, the gap between the legal minimum and what a court might award is especially wide here. The catch is that signing the release usually closes the door on that larger amount for good. There is rarely a real reason it must be signed immediately, and New Brunswick law does not let an employer make you give up the minimum notice you're already owed. Before you sign anything — and before the two-year clock to sue quietly runs down — find out what your number actually is. The free call walks you through it.

Likely outcomes & penalties

Every situation is different and nothing here is a promise — these are realistic New Brunswick ranges so you know what's at stake. The free call helps you size up your own.

ESA termination pay (the floor)

Two weeks of notice or pay in lieu once you've worked six months, rising to four weeks once you've worked five years. Below six months there's no statutory notice. This is the minimum the Employment Standards Branch will enforce for free — but it is usually well below what the common law entitles you to.

No separate 'severance pay' in New Brunswick

Unlike Ontario, New Brunswick has NO additional statutory severance-pay entitlement layered on top of notice. The two-or-four-week notice is the whole statutory floor — which makes the common-law gap below especially important here.

Common-law reasonable notice (often the big one)

Without an enforceable contract clause capping you to the ESA, courts award 'reasonable notice' on the Bardal factors — frequently around a month per year of service, with a practical ceiling near 24 months. A senior, older, long-serving worker can be owed many months' pay above the statutory floor.

Human Rights Act remedy

The process can lead to remedies including lost wages and compensation for the harm of discrimination, separate from any dismissal pay. Complaints go to the New Brunswick Human Rights Commission, and the deadline is just one year from the last incident.

Mistakes to avoid

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Assuming the two- or four-week minimum on your termination letter is all you're owed — for most dismissed New Brunswick workers the common law entitles you to substantially more 'reasonable notice,' and the statutory figure is only the floor.

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Signing a severance release 'by Friday' under pressure — there is rarely a real deadline, and a signature can permanently waive the larger common-law amount you may be entitled to.

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Letting the one-year Human Rights Commission clock lapse because you assumed you had the same two years a court claim allows — discrimination and reprisal complaints must be filed within one year of the last incident.

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Quitting on the spot over a bad change at work without getting advice first — constructive dismissal is real but technical, you usually must leave to claim it and have a duty to mitigate, and getting it wrong can sink the case.

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Expecting an Ontario-style 'severance pay' on top of your notice — New Brunswick has no such regime; your statutory entitlement is the notice or pay in lieu only, which is exactly why the common-law claim matters so much here.

How it works

Call our free line, anytime — no income test, no web form, no waiting room. Explain what happened at your New Brunswick job in your own words.

Talk it through with an AI assistant trained on New Brunswick and Canadian employment law. It walks you through your situation, flags the deadline that's closest (the one-year human-rights window, the two-year limitation period to sue), explains the Employment Standards Act floor versus your likely common-law entitlement, and lays out your options. This is legal information to help you decide your next move, not legal advice, and it creates no lawyer-client relationship.

Ask as many questions as you like — there's no limit. If your situation calls for a lawyer, a paid consultation service connecting you with a New Brunswick-licensed employment lawyer is coming soon; many such lawyers take worker-side dismissal cases on contingency or a free first consult. In the meantime, you can also use the free public resources below — the Employment Standards Branch, the New Brunswick Human Rights Commission, or PLEIS-NB.

Free & low-cost Employment Law help in New Brunswick

New Brunswick has free and low-cost resources for workers facing employment and human-rights problems. Note that legal aid in New Brunswick focuses on criminal and family matters and generally does NOT cover ordinary employment disputes, so these government branches, the Human Rights Commission, the public legal-information service and the Law Society directory are usually the right first stops. These are real, currently-live New Brunswick organisations:

Employment Standards Branch — File a Complaint

File a free complaint for unpaid wages, termination/notice pay, vacation pay or other minimum-standards violations under the Employment Standards Act — no lawyer required. An employment standards officer investigates, and there is an online complaint form. Unresolved matters can be referred to the Labour and Employment Board.

New Brunswick Human Rights Commission

The provincial body that administers the Human Rights Act. It provides free information about your rights and investigates and mediates complaints of discrimination and harassment in employment. The deadline to file is one year from the last incident. Toll-free 1-888-471-2233.

PLEIS-NB (Public Legal Education and Information Service of New Brunswick)

A non-profit providing free, plain-language legal information for New Brunswickers, plus a Legal Information Line that can point you to the right service. Funded by the Department of Justice Canada, the provincial Attorney General and the New Brunswick Law Foundation.

Law Society of New Brunswick — Lawyer Directory

The Law Society's public 'Lawyer Search' lets you find a New Brunswick-licensed lawyer by name, location, area of practice and language. Use it to find an employment lawyer for a wrongful or constructive dismissal claim.

New Brunswick Employment Standards — Your Rights

The Government of New Brunswick's plain-language guide to minimum standards: notice of termination, minimum wage, vacation pay, hours and leaves. A good starting point to understand the statutory floor before you talk to anyone.

Legal Aid New Brunswick (New Brunswick Legal Aid Services Commission)

New Brunswick's legal-aid agency. It focuses on criminal and family matters, so ordinary employment disputes are generally not covered — but it can help you understand whether your issue falls within legal aid and direct you onward.

FAQ — Employment Law in New Brunswick

My termination letter only offers two weeks' pay and a release to sign. Is that all I'm owed in New Brunswick?

Usually not. For most dismissed New Brunswick employees the Employment Standards Act minimum — two weeks after six months, four weeks after five years — is just the floor. Unless an enforceable contract clause limits you to it, the common law entitles you to 'reasonable notice,' which is often considerably more (roughly a month per year of service, more for older or senior long-serving workers). Signing the release can waive that larger amount. There's rarely a real reason to sign on the spot. Find out your real number before you do.

Is New Brunswick an 'at-will' province like parts of the United States?

No. New Brunswick has no general at-will employment. A non-union employer can usually end the job without cause, but only by giving proper notice or pay in lieu — both the Employment Standards Act minimum and, on top of that for most people, the larger common-law 'reasonable notice.' And they can never fire you for an unlawful reason, such as discrimination or reprisal under the Human Rights Act. 'I can fire you any time' is not the law here.

How much notice or termination pay does the New Brunswick Employment Standards Act require?

Under section 30 of the Employment Standards Act, the statutory minimum is two weeks' written notice (or pay in lieu) once you've worked a continuous six months but less than five years, and four weeks once you've worked five years or more. Below six months of continuous service there is no statutory notice. Importantly, New Brunswick has no separate 'severance pay' on top of this — unlike Ontario — so the notice or pay in lieu is the whole statutory entitlement, and the common law is where the larger money usually lives.

My job changed drastically — big pay cut, demotion, forced move. Can I treat that as being fired?

Possibly — that's 'constructive dismissal.' If your employer made a fundamental, unilateral change to your job (or allowed a poisoned, harassing workplace), the law may treat you as dismissed even though no one said the words. But it's technical: you generally have to leave to claim it, you usually have a duty to look for comparable work, and the two-year clock to sue often starts at the change. Getting it wrong is costly, so it's worth talking through before you walk out.

How long do I have to sue for wrongful dismissal in New Brunswick?

Generally two years from the date of termination, under the Limitation of Actions Act. For constructive dismissal the clock typically runs from the fundamental change to your job, and your efforts to find new work do not pause it. Two years feels like plenty, but offers, negotiations and job-hunting eat the calendar fast. Don't let the deadline decide your case for you.

I was discriminated against or harassed at work because of who I am. Where do I go?

The New Brunswick Human Rights Act protects you in employment on grounds including race, sex, age, disability, religion, marital and family status, sexual orientation, gender identity, social condition and more, and it forbids reprisal for speaking up. You file a complaint with the New Brunswick Human Rights Commission, which provides free information and investigates and mediates complaints. The catch is the deadline: one year from the last incident — much shorter than the court window. If this is you, don't sit on it.

I never got my final pay or vacation pay after I left. What can I do?

In New Brunswick your wages, termination/notice pay and accrued vacation pay are protected by the Employment Standards Act. If they don't arrive, you can file a free complaint with the Employment Standards Branch — no lawyer needed — and an employment standards officer will investigate, with the option to refer an unresolved matter to the Labour and Employment Board. Keep your pay stubs, schedule and any final-pay statement.

Do I need money or a lawyer to start an employment claim in New Brunswick?

No. The Employment Standards Branch complaint process is free and designed to work without a lawyer for unpaid wages and termination/notice pay. The New Brunswick Human Rights Commission provides free information and a complaint process for discrimination. For larger wrongful-dismissal money you'd usually sue in the Court of King's Bench, and many employment lawyers take worker-side cases on contingency or offer a free first consultation. Cost is often less of a barrier than people fear.

Does legal aid in New Brunswick cover my employment case?

Usually not. New Brunswick Legal Aid focuses on criminal and family matters; ordinary employment disputes are generally not covered. That's why the right first stops are the Employment Standards Branch (free complaints for unpaid wages and notice pay), the New Brunswick Human Rights Commission (free discrimination help), PLEIS-NB for plain-language legal information, and the Law Society of New Brunswick's lawyer directory if you want to hire someone.

What is New Brunswick's minimum wage?

As of 1 April 2026 the New Brunswick minimum wage is $15.90 per hour, up from $15.65. New Brunswick adjusts its minimum wage on 1 April each year in line with the provincial Consumer Price Index. If you've been paid less than the minimum for hours worked, that's an Employment Standards Act violation you can raise for free with the Employment Standards Branch.

Is this page legal advice, and does Legal Hotline represent me?

No. Legal Hotline is not a law firm, and this is legal information — not legal advice — that creates no lawyer-client relationship. What it does is help you understand your New Brunswick situation quickly, flag the deadline that's closest, and point you to the right free resource. The free Canada line is live now, and you can ask the AI assistant as many questions as you like; a paid consultation with a New Brunswick-licensed employment lawyer is coming soon.

New Brunswick employment lawyers: join our network

Are you a New Brunswick-licensed employment lawyer who represents workers? Our free legal-information line is live across Canada, and we're building a network of New Brunswick lawyers ahead of launching paid consultations — connecting time-pressured New Brunswickers facing wrongful and constructive dismissal, low-ball severance offers, unpaid wages, and Human Rights Act matters with lawyers who can help. If you'd like to receive referrals as our network grows, get in touch about joining. (This is a path for lawyers; workers should use the free line and resources above.)

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

Fired, Shorted on Pay, or Pushed Out at Work in New Brunswick? Know Your Rights.