Employment Termination in New Brunswick (2026)
What you're owed, what the employer must do, and what to do next, under the Employment Standards Act (New Brunswick).
New Brunswick employment rights checklist
$0
Built for your province
- ✓Your statutory notice entitlement under New Brunswick law
- ✓What your employer must give you in writing
- ✓EI application and ROE timeline
- ✓What to do in the first week after termination
Free. General information only, not legal or regulatory advice.
No account needed
Employment Rights Package
$14
Statutory notice minimums worksheet for your province
Answer plain-language questions: we fill everything in and check each detail as you go.
- ✓Everything in free
- ✓Statutory notice minimums (ESA minimum notice + severance where applicable)
- ✓Employee rights summary for your province
- ✓Sample termination letter (reference: what your employer should give you)
- ✓What to do next: checklist (EI, ROE, legal options)
Helps you understand your rights before signing any release
Get it: $14
30-day money-back guarantee · No account needed
Instant download
Built by Nathan, nine years in the Canadian Army, paperwork done the hard way first.
Federally regulated employee? Read this first ▸
FEDERALLY REGULATED? If you work for a bank, telecommunications or broadcasting company, an airline, interprovincial or international transport/trucking, a federal Crown corporation, or another federally regulated industry, you are covered by the Canada Labour Code, NOT your provincial Employment Standards Act. Federal notice and severance rules are different, and federally regulated employees with 12+ months of service have an unjust-dismissal remedy that can include reinstatement. The provincial figures shown here do not apply to you. See canada.ca for the Canada Labour Code standards.
Minimum Notice in New Brunswick
Under the Employment Standards Act (New Brunswick). These are statutory minimums, common law may entitle you to more.
| Length of employment | Minimum notice |
|---|---|
| Less than 6 months | None |
| 6 months–5 years | 2 weeks |
| 5+ years | 4 weeks |
Minimum 2 weeks if employed 6 months to 5 years; 4 weeks for 5+ years. No entitlement for first 6 months.
Severance Pay in New Brunswick
No statutory severance pay in New Brunswick
No statutory severance pay in New Brunswick.
Group / Mass Termination
More than 10 employees terminated within 4 weeks AND at least 25% of the workforce: employer must give at least 6 weeks' notice to both the Minister and employees.
Official source →Temporary Layoff
A layoff of 6 or fewer days, or one caused by an unforeseen lack of work, does not require notice. Longer layoffs require the same notice as a termination.
Common Law Reasonable Notice
Common law reasonable notice applies.
Just Cause in New Brunswick
Just cause under New Brunswick's Employment Standards Act requires proof of serious misconduct proportionate to dismissal without notice: theft, fraud, harassment, persistent insubordination after documented warnings, or a fundamental breach of employment duties. Minor misconduct, isolated incidents, or performance concerns without a documented discipline record generally do not constitute just cause. The employer bears the burden of proving cause is proportionate to the sanction of dismissal.
Constructive Dismissal
A significant unilateral change to a fundamental employment term (a substantial pay cut, demotion, forced relocation, or a hostile work environment) may constitute constructive dismissal under New Brunswick common law. You must act promptly after discovering the change; accepting the new terms for an extended period without objection may constitute acceptance. Seek legal advice before resigning.
Record of Employment (ROE)
The ROE must be issued within 5 calendar days after the end of the pay period in which the interruption of earnings occurs. Apply for EI at canada.ca within 4 weeks of your last day.
If You Were Terminated: What to Do
- 1
Request your ROE if not provided within 5 days.
- 2
Apply for EI at canada.ca within 4 weeks of your last day. The 1-week waiting period is currently waived until October 10, 2026 (temporary measure). Benefits may begin sooner.
- 3
Do not sign a release or final settlement before consulting a lawyer or understanding your full entitlements.
- 4
Calculate your Employment Standards Act notice entitlement based on your specific length of service.
- 5
Review your employment contract for any termination clause: NB courts may void clauses that fail to meet ESA minimums.
- 6
Consult an employment lawyer: common law reasonable notice often significantly exceeds ESA minimums.
- 7
File with Service New Brunswick Employment Standards if minimums aren't met (free, no lawyer required).
- 8
Note: civil wrongful dismissal claims generally have a 2-year limitation period in New Brunswick.
If You Are the Employer: What You Must Do
- 1
Provide a written termination letter specifying the effective date of termination and whether cause is alleged.
- 2
Provide notice or pay in lieu per the Employment Standards Act schedule.
- 3
Issue ROE within 5 calendar days after the end of the pay period in which the interruption of earnings occurs.
- 4
Pay final wages including vacation pay.
- 5
Advise the employee of any rights under group benefit plans.
New Brunswick-specific things to know
- •No statutory severance in New Brunswick.
- •New Brunswick has one of the simpler notice schedules in Canada: 2 weeks (6 months to 5 years) or 4 weeks (5+ years).
- •Common law reasonable notice can significantly exceed ESA minimums for senior or long-tenured employees.
- •ESA complaints are handled by Service New Brunswick free of charge: no lawyer required.
Common Questions
Can my employer terminate me without cause in New Brunswick?
Yes, employers can terminate "without cause" but must provide proper notice or pay in lieu. "Without cause" does not mean without compensation. Employees terminated without cause are entitled to statutory minimums plus potentially common law notice.
What is pay in lieu of notice in New Brunswick?
Instead of having you work through your notice period, your employer can end the job immediately and pay you a lump sum covering that period: that is "pay in lieu of notice". Working notice or pay in lieu. How long the notice period must be depends on how long you worked there, and the minimum is set by the Employment Standards Act (New Brunswick).
Does New Brunswick have severance pay?
No statutory severance pay in New Brunswick. That is not the same as getting nothing: notice pay, or pay in lieu of it, still applies, and a common law claim can go beyond the statutory minimum.
What is "just cause" and how does it affect my payout?
Just cause under New Brunswick's Employment Standards Act requires proof of serious misconduct proportionate to dismissal without notice: theft, fraud, harassment, persistent insubordination after documented warnings, or a fundamental breach of employment duties. Minor misconduct, isolated incidents, or performance concerns without a documented discipline record generally do not constitute just cause. The employer bears the burden of proving cause is proportionate to the sanction of dismissal.
Should I sign the severance offer right away?
Most employment lawyers advise against signing immediately. Once you sign a release, you typically cannot pursue further claims. Review the offer against your statutory minimums. If it exceeds statutory minimums, consider whether it reflects common law reasonable notice. Most employment lawyers offer free initial consultations and many work on contingency for wrongful dismissal claims.
Does my employment contract limit what I can get?
It might, but many termination clauses in employment contracts are poorly drafted and have been struck down by courts for failing to meet statutory minimums. Even if your contract has a termination clause, have a lawyer review it before assuming it limits your entitlements.
File an Employment Standards Complaint
New Brunswick Employment Standards Online Complaint. Filing with the employment standards office is free and does not require a lawyer.
Go to NB complaint portal →Official sources
- Employment Standards Act (New Brunswick) →
- New Brunswick Employment Standards: Rights on Termination →
- NB Employment Standards Act (New Brunswick Legislation) →
Last updated: June 2026
Get your New Brunswick termination document package for $14.
Get documents →Employment termination in other provinces