Losing Your Job

Not all workers are employees. People who are self-employed or independent contractors are not protected the same as employees.

Independent contractors usually:

• control their own work and how they do it
• use their own tools and materials
• are responsible for their own profits and losses.

For more detailed information about the difference between an employee and an independent contractor, go to:

• the Labour Standards Division website 
• the Employment and Social Development Canada website
• the Canada Revenue Agency website

If your employment status is unclear, start by contacting the Labour Standards Division. A professional like a lawyer or accountant can also assess that for you.

Every employee has a contract with their employer. It is governed mainly by labour standards legislation and case (common) law. If you lose your job, your employer has terminated your employment contract. 

Human rights legislation also protects employees from discrimination. Other legislation protects against certain reprisals (see section below), which can apply when an employee loses their job.

Labour Standards Codes

Most people work in provincially regulated industries protected by the Nova Scotia Labour Standards Code. The Labour Standards Division of the Nova Scotia Department of Labour, Skills and Immigration enforces it.

The Canada Labour Code protects employees in federally regulated industries like banks and telephone companies. The Labour Program of Employment and Social Development Canada enforces it.

These laws mainly create minimum requirements: the least employers must do for employees. Your employment contract may offer more than the minimum.

Case Law

Case law comes from a judge's decision rather than from legislation. Sometimes cases about employees’ rights go to court. When a judge decides on a case, other judges can use the decision as a guide in future cases.

Employees tend to get more protection from the case law than from the labour standards laws, which only establish minimum requirements. 

Human Rights Act

The Human Rights Act protects most employees in Nova Scotia. The Human Rights Act is the provincial law that prohibits employers from discriminating against employees based on any personal characteristic named in the Act. The Nova Scotia Human Rights Commission enforces that law.

Employees in federally regulated workplaces receive the same protection from a law called the Canadian Human Rights Act. The Canadian Human Rights Commission enforces that law.

Collective Agreements

In unionized workplaces, the employees negotiate or bargain with the employer to reach a collective agreement to protect unionized employees’ rights. The collective agreement will usually cover dismissal, notice periods and layoffs. Contact your union if you have questions about your agreement.

A reprisal is a form of retaliation. It is an action your employer takes in response to a specific action of yours. Some laws prohibit certain types of employment reprisals. For example, an employee cannot be terminated as a reprisal for:

• attempting to unionize
• complaining to Occupational Health and Safety, Labour Standards or the Human Rights Commission
• making a report to a Department of Environment and Climate Change
• making a report about a child or adult needing protection, done in good faith, where you have a legal duty.

Not all employees have the same rights. The rights you have when you lose your job depend on things like:

• whether you are in a unionized or non-unionized workplace
• how long you have worked for your employer
• if you work in a provincially regulated industry (as most people do) or a federally regulated industry
• if you work in an industry that is exempt from the termination rules in the labour standards legislation
• the terms of your employment contract
• the reasons for and circumstances of your termination.

The Right to Advance Notice of Termination 

The starting point (legal presumption) for termination is that your employer is supposed to give you advance notice or pay instead of notice. This gives you time to prepare and look for other work.

There are exceptions, though. Some situations do not require reasonable notice of dismissal. We discuss this in the Dismissal Without Notice section.

The Reasons for the Termination

The employer does not always need to provide a reason for the termination. 

In provincially regulated workplaces, if you have worked for your employer for 10 years or more, you are entitled to just cause (a good reason) for termination.

If you have worked for your employer for less than 10 years, they can terminate you without cause. That means they do not have to provide a reason.

The provincial and federal labour codes set out the minimum amount of notice the employer must provide when terminating an employee. You may be entitled to more than just the minimum amount of notice based on case law. 

The notice of termination must be in writing. The employer can choose to provide pay instead of notice. This is often called severance pay. 

Under the provincial and federal labour codes, the minimum amount of notice you are entitled to depends on:

• the industry that you work in
• the length of time you have worked for your employer
• whether your employer is alleging that they have just cause for immediate termination.

If the employer does not want to provide notice, they can give the employee pay instead of (in lieu of) notice. Pay is usually preferable because it frees you from working out the notice period.

Pay instead of notice is a form of severance pay. It is the only type of severance pay addressed in the Nova Scotia Labour Standards Code. Your employment contract might include terms about severance pay that entitles you to more than just pay instead of notice.

In practice, employers often use the terms severance pay and pay in lieu of notice interchangeably in their written notices. You may receive a dismissal notice that uses the term pay in lieu of notice rather than severance (or that uses the term severance rather than the term pay in lieu of notice). How much money they offer you is more important than what they call the payment.

Time-sensitive severance offers

If you have received a severance offer from your employer, only an employment lawyer can say if it is reasonable.

Employers usually include a deadline in their offer letter, and often it is very tight.
Your entitlement to reasonable pay instead of notice doesn’t expire at the end of a deadline imposed by your employer. If you miss the deadline in the letter, then you can still sue your employer if they fail to provide you with reasonable pay in lieu of notice.

In some situations, an employer can dismiss an employee without providing notice or pay in lieu of notice. For example, under the Nova Scotia Labour Standards Code, an employer does not have to provide notice:

• when an employee works for the employer for less than 3 months
• when an employee works for the employer for a set term or task no longer than 12 months, and the employee’s job ends when the set term or task ends
• when there is a sudden and unexpected lack of work that the employer cannot avoid
• when a person with less than 10 years of service is laid off or suspended for 6 days or less.

An employer can also terminate an employee without notice if they have the proper justification. The law calls this “just cause for dismissal without notice.” Examples of situations where your employer may be justified in dismissing you without notice include:

• you are caught stealing, being under the influence, destroying property, committing a crime, or endangering other people
• you are wilfully disobedient, disrespectful or insubordinate.
• you seriously or repeatedly fail to do your job properly
• you have acted in a way that clearly shows no work commitment (for example, being chronically late, absent, or off task). Several more minor incidents may indicate that you are unwilling or unable to fulfill your responsibilities.

Your employer is generally expected to try to fix the problem before dismissing you without notice. This includes giving you warnings, reprimands and suspensions in a progressive series of steps.

Can I be dismissed without notice if the business is sold?

No. Selling or closing the business is not usually a reason to dismiss without notice.

Similar situations include:

• lack of work or job redundancy due to reorganization or other actions your employer can control
• personality conflict, unless it is accompanied by misconduct
• looking for other work
• garnisheed wages (explained in Bankruptcy).

The answer depends on:

• whether you work in a provincially or federally regulated workplace
• how long you have worked for your employer
• the terms of your employment contract.

If you work in a provincially regulated industry (which most people do) and have worked for your employer for less than 10 years, you can be dismissed without cause under the Nova Scotia Labour Standards Code.

However, you may have grounds for a wrongful dismissal claim against your employer if you suspect the termination was for any of the following reasons:

• reasons contrary to human rights legislation
• making a complaint under the Occupational Health and Safety Act
• being on a health and safety committee
• complaining to the Labour Standards Division.
• submitting a report to the Department of Environment and Climate Change.

However, if you have worked for your employer for 10 or more years, then you are entitled to just cause for dismissal, which means your employer must give you a good reason.

If you work in a federally regulated industry and you have worked for your employer for 12 consecutive months, you can write to your employer asking for their reasons. The employer must reply within 15 days of your request.

In most cases, no. You can try to repair your work relationship and persuade your employer not to fire you. But generally, you cannot force your employer to keep you on as an employee. If they terminate you improperly, you may have grounds for a wrongful dismissal claim. But those claims are reactive: meaning they come after the termination, not before it.

It’s entirely up to your employer to allow a third party, like a lawyer, to attend a meeting. 

You do not have the right to have a lawyer present, even if it might result in termination or disciplinary action.

Yes. Immediately report the refusal to your employer.

You may refuse unsafe work under the Nova Scotia Occupational Health and Safety Act and the Canada Labour Code. They explain the work refusal process.

Contact the Nova Scotia Occupational Health and Safety Division or Employment and Social Development Canada for more information.

Injured workers employed for 12 consecutive months may get some protection from the Nova Scotia Workers Compensation Act. The employer must offer employment to injured workers unless the employer can show that it would cause undue hardship.

For federally regulated employees, the Canada Labour Code prohibits the dismissal of an employee because of an absence due to work-related illness or injury.

Disability: The Nova Scotia Human Rights Act and the Canadian Human Rights Act also protect against disability discrimination during employment.

Find more information at:

• Nova Scotia Human Rights Commission
• Canadian Human Rights Commission.

If you are a provincially regulated employee, you cannot be dismissed for any reason contrary to the Nova Scotia Human Rights Act. This includes protected characteristics such as age, race, colour, religion, creed, ethnicity, national or aboriginal origin, sex, pregnancy, sexual orientation, physical or mental disability, family status, marital status, source of income, gender identity or expression.

Employers also have a duty to accommodate an employee’s protected characteristics up to the point of undue hardship. Sometimes, discrimination may be permitted if it is for a valid reason. Some workplace rules may be discriminatory, but also necessary to get the job done. For example, if you are visually impaired, you may not qualify as a driving instructor.

Employees in federally regulated industries have protection from the Canada Labour Code and the Canadian Human Rights Act. The law provides similar (though not identical) protection as the Nova Scotia Human Rights Act. For example, the Canadian Human Rights Act includes protection for certain criminal convictions and genetic characteristics not covered by the Nova Scotia Human Rights Act. Check the Canadian Human Rights Act for a full list of protections.

Contact either the Nova Scotia or Canadian Human Rights Commission if you have concerns.

More information: Answers to common questions about human rights at work.

The answer depends on what the employer’s suspicions are based on. You cannot prevent your employer from firing you if they suspect you of stealing and you cannot force them to do an investigation. It is up to your employer to decide how they will approach the situation.

If you have worked for less than 10 years in a provincially regulated industry and your employer cannot prove you are stealing, they may choose to terminate you without cause (without a stated reason). They will provide you with advance notice of the termination or pay instead of notice.

If your employer can prove you were stealing, they do not have to give you advance notice. They can use theft as the reason for immediate termination.

If you have worked for your employer for 10 years or more in a provincially regulated industry, they need solid evidence that you stole to use theft as just cause for termination, with or without notice.

You can complain to the Labour Standards Division if you work in a provincially regulated industry and are dismissed without notice for suspected theft. You can complain to the Labour Program of Employment and Social Development Canada if you work in a federally regulated industry for at least 12 consecutive months.

Your employer does not have to pay you during pregnancy, maternity, paternity or adoption leave unless your employment contract or the employer’s policies say you are entitled to pay while on leave.

You may request maternity, paternity, pregnancy, adoption or other forms of leave. Your employer may require you to take a leave of absence if you cannot reasonably perform duties because of pregnancy.

In provincially regulated workplaces, the Nova Scotia Labour Standards Code entitles you to 16 weeks of unpaid pregnancy leave.

Parents can also take up to 77 weeks of unpaid parental leave following childbirth or adoption. Employees who also take pregnancy leave can take a total of 77 weeks of combined pregnancy (16 weeks) and parental (61 weeks) leave.

The Canada Labour Code provides 17 weeks of unpaid maternity leave in federally regulated workplaces. It allows an additional 63 weeks of unpaid parental leave to either parent, also available for adoption. Employees can take a maximum of 78 weeks if they take both maternity and parental leave.

Employment Insurance usually sets and provides maternity and parental income benefits, based on eligibility. Employers can choose to provide additional maternity and parental leave income benefits.

You must be allowed to resume work at the end of your leave without losing seniority or benefits earned up to the leave date. If you are dismissed or prevented from returning to work because of pregnancy, you should contact the Labour Standards Division or 

You can find this information on the Nova Scotia Labour Standards Division website.

Generally, if you quit your job, you will not be entitled to notice or pay instead of notice from your employer. Instead, you may have an obligation to provide your employer with advance notice that you plan to quit.

Under the Nova Scotia Labour Standards Code, if you have worked for 3 months or more, you must give your employer advance written notice of quitting. You must give notice, 1 or 2 weeks, depending on how long you’ve worked there. Employees in some industries are exempt from having to give notice.

You can find more information on the Labour Standards Division website

If you are unsure whether the Code requires you to give notice to quit, then you can check with the Labour Standards Division. You should also check the terms of your employment contract because some specify a required notice period.

In federally regulated workplaces, the Canada Labour Code does not require an employee to give notice to quit. However, your employment contract may oblige you to provide notice, so also check your employment contract.

Constructive Dismissal: You may not have to give notice if your employer forces you to quit. Examples include a demotion, wage reduction or changes to job requirements without your consent and proper notice. In these situations, you may be justified in resigning from your job and demanding pay instead of notice. However, you should talk to a lawyer first

Other examples of constructive dismissal include:

• forced transfer
• abusive treatment
• reduced work week
• unpaid overtime
• compulsory leave of absence
• short-term layoffs that have not been agreed to.

You may not have to give notice if your employer has broken the terms and conditions of employment. However, courts have ordered some employees who quit without notice to compensate their employer, especially when the employer can show that they incurred losses as a result of the employee’s failure to provide notice. You should talk to a lawyer or a labour standards officer before quitting without notice.

Your employer must provide Service Canada with a Record of Employment (ROE) any time you experience an "interruption of earnings." Service Canada uses the ROE to determine your eligibility for Employment Insurance (EI) if you make an application. 

The employer can submit ROEs to Service Canada in paper form or electronically. The employee only receives a copy if the employer submits the ROE in paper form. 

If your employer has not provided Service Canada with an ROE or if it contains incorrect information, you need to contact your employer. If they aren't responsive, you can contact Service Canada directly. For inquiries related to ROEs, contact Service Canada at 1-800-206-7218.

Employers are not legally required to give a reference. If they do, it does not have to be good. If you get a bad reference from someone at your former workplace, you may want to ask someone else within the organization if they would be willing to act as a reference for you.

Suing your employer over a bad reference is not easy. Even if the reference contains false information that you consider to be defamatory, employers can typically rely on the defence of "qualified privilege". Suing can be a long and expensive process. You should get advice from a lawyer first.

Wrongful dismissal is when an employer dismisses an employee unlawfully. That can include situations where the employer:

• didn’t give enough notice of dismissal
• used reasons prohibited by law
• or failed to use the disciplinary procedure specified in your employment contract (if applicable). 

Remember, the employer doesn't always need to give a reason for the termination. That means in many cases assessing whether a dismissal was wrongful really just means assessing whether the employer provided proper notice.

If you are an employee with more than 10 years of service, or if the terms of your employment contract state that your employer must provide you with just cause for termination, your employer must provide you with a reason for the termination and the reason must be a good one. 

Wrongful dismissal does not include situations where the employee simply disagrees with the decision, feeling the employer made a wrong choice. Something about the dismissal has to be unlawful.

If you think you have been wrongfully dismissed, start by contacting the Labour Standards Division. If you work in a federally regulated industry, contact the Labour Program of Employment and Social Development Canada.

If you complain to the Labour Standards Division, you must make the complaint within 6 months of dismissal. Complaints about unfair dismissal under the Canada Labour Code must be made within 90 days.

The Labour Standards Division and the federal Labour Program can investigate complaints within workplaces under their jurisdiction. They can make an order for notice or pay instead of notice or dismiss the complaint if they think it is unfounded. They may hold a formal hearing before they make a decision. You can appeal if you disagree with the decision, so can your employer. An officer of the Labour Standards Division or the Labour Program of Employment and Social Development Canada of Employment and Social Development Canada will explain how you make a claim and how you appeal.

Regulators, like the Labour Standards Division or the Labour Program of Employment and Social Development Canada, assess cases more narrowly than lawyers. They can only enforce the minimum requirements under the applicable Labour Standards Code, including minimum termination notice requirements.

When a lawyer evaluates a case, they look at more than just the Labour Standards Code; they also look at the case law (past court decisions dealing with similar situations).

Assessment by a lawyer and a labour standards officer may differ because they refer to different laws.

If you believe you were dismissed because of discrimination, you can contact the Nova Scotia Human Rights Commission or the Canadian Human Rights Commission if you work in a federally regulated workplace. They have powers similar to the Labour Standards Division and the Labour Program of Employment and Social Development Canada. Their human rights officers will also advise you on how to proceed with your complaint. You must file your complaint within 12 months of the act or treatment your complaint is about.

If you complain under the Occupational Health and Safety Act, you must do so in writing within 30 days of dismissal.

If you are not satisfied with the remedies provided by the labour codes, you may want to sue your employer in court for wrongful dismissal. If you are considering suing your employer, consult a lawyer first. 

Many claims related to wrongful dismissal or constructive dismissal can be brought to Small Claims Court. You are not required to or expected to have a lawyer in Small Claims Court.

That depends on how you are making the claim.

If you go to the Labour Standards Division or the Canada Labour Program, you can ask for your pay, including vacation, for the required notice period.

You may claim reinstatement in some circumstances. 

If you go to court, under the applicable case law, you can claim for:

• what you would have received in wages and benefits during the proper notice period, which may include bonuses, overtime, travel allowances, club memberships, health and insurance plan contributions
• moving and reasonable expenses in finding another job, such as travel

Compensation for mental distress caused by the act of dismissal is sometimes awarded, although this is rare. Claims for loss of reputation, and educational or retraining costs are only accepted in exceptional circumstances. 

Employees claiming wrongful dismissal must take steps to mitigate their damages. You must look for suitable alternative employment as soon as possible and accept an appropriate job offer if you get one.

The most common answer is probably not. A contingency fee is when a lawyer doesn't get paid upfront. Instead, they get paid a percentage of whatever settlement or award comes when the case ends. Contingency fees are not standard in employment law.

If you are looking for a lawyer to help with your case or to make a claim against your employer, then expect to have to pay upfront for the lawyer's services.

Many claims related to wrongful dismissal or constructive dismissal can be brought to Small Claims Court. You are not required to or expected to have a lawyer in Small Claims Court.

Find out more here about how lawyers charge for their work, including contingency fees: www.legalinfo.org/lawyers-legal-help/lawyers-fees.

You can find more information about the Small Claims Court process on our website here: www.legalinfo.org/smallclaims

About employment rights:

• Nova Scotia Labour, Skills and Immigration: Labour Standards Division: novascotia.ca/lae/employmentrights/
• Occupational Health and Safety: novascotia.ca/lae/healthandsafety/
• Employment and Social Development Canada: labour.gc.ca 
• Employment Insurance (EI):  www.canada.ca/en/services/benefits/ei/index.htm
• Federal Wage Earners Protection Program (your employer has become bankrupt): https://www.canada.ca/en/employment-social-development/services/wage-earner-protection.html

About human rights and discrimination

• See our Human Rights page: https://www.legalinfo.org/employment-law/human-rights
• Canadian Human Rights Commission: www.chrc-ccdp.gc.ca
• Nova Scotia Human Rights Commission: humanrights.novascotia.ca/