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).
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Termination letter template, severance calculation, rights summary, and response checklist.
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 requires serious misconduct.
Constructive Dismissal
Significant changes to job terms without consent may constitute constructive dismissal.
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.
If You Were Terminated: What to Do
- 1
Request your ROE.
- 2
Apply for EI.
- 3
Do not sign a release before consulting a lawyer.
- 4
File with the Labour and Employment Board if minimums aren't met.
If You Are the Employer: What You Must Do
- 1
Provide notice or pay in lieu per the ESA.
- 2
Issue ROE within 5 calendar days after the end of the pay period in which the interruption of earnings occurs.
- 3
Pay final wages including vacation pay.
New Brunswick-specific things to know
- •No statutory severance in New Brunswick.
- •New Brunswick has one of the simpler notice schedules in Canada.
Common Questions
Can I be fired without a reason 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 "just cause" and how does it affect my payout?
Just cause requires serious misconduct.
Should I sign the severance offer right away?
No. 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.
Official sources
- Employment Standards Act (New Brunswick) →
- New Brunswick Employment Standards — Rights on Termination →
Last updated: June 2026
Get your New Brunswick termination document package for $14.
Get documents →Employment termination in other provinces