I Have Been Dismissed (Fired) without Just Cause

Unless you are a member of a union, your employer may end your employment, even if you have done nothing wrong. However, they must give you either reasonable notice or payment instead of notice. If you are not provided with reasonable notice or payment, you are entitled to take your employer to court.

Minimum notice requirements

These are the minimum notice requirements if you are dismissed without just cause:

Provincially regulated employer

You are entitled to at least:

• one week’s notice (or equivalent pay) after three consecutive months of employment;
• two weeks’ notice (or equivalent pay) after 12 consecutive months of employment;
• three weeks’ notice (or equivalent pay) after three consecutive years of employment plus an additional week’s notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight weeks’ notice (or equivalent pay).

Federally regulated employer

You are entitled to at least two weeks’ notice after three consecutive months of employment. You are entitled to severance pay after 12 consecutive months of employment.

Wrongful dismissal

If you have been dismissed without just cause, you may also sue your employer in court for wrongful dismissal.

First steps

1. If you did not receive the notice or equivalent pay described above, follow the steps outlined in the previous section, “My employer isn't paying my wages”.
2. Determine if you wish to sue your former employer in court. If so, see the section above of this guide entitled, “I need to take someone to court”.
   
   OR
   
   If your former employer is federally regulated (for example, a federal government ministry, Indian Band, bank or inter-provincial airline or railway), and you worked for 12 or more consecutive months, you may make a complaint to the Labour Program of Human Resources and Skills Development Canada ("HRSDC"). This complaint needs to be filed within 90 days after your dismissal or it could be turned down. See Human Resources and Skills Development Canada in the Resource Guide in Part 2.

What happens next

If you have chosen to sue your former employer, see the section Suing and Being Sued in this guide and the heading “I need to take someone to court”.

If you worked for a federally-regulated employer and have made a complaint to HRSDC, an investigator will see if there is a way of resolving it. If not, the investigator will provide you with information about requesting adjudication. HRSDC adjudicators can give remedies very similar to court. They can also order that you get your job back in appropriate cases.

Where to get help

See the Resource Guide in Part 2 of this guide for a list of helpful resources. Your best bets are:

• Human Resources and Skills Development Canada, for employees of a federally-regulated employer.
• LawLINE.
• Access Justice, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, Private Bar Lawyers.
• Law Students’ Legal Advice Program (see Chapter 6 of their Manual, “Employment Law”, for useful information on unjust dismissal).

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this guide. Make sure you bring copies of all documents relating to your case.

In law, (2) a lawsuit, an action, or a cause of action, or (2) the wrongful act of another which gives rise to a claim for relief. See "action" and "cause of action."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."