What are my rights if I am dismissed?

General information, not legal advice. According to the CNESST, the employer must give written notice of termination of employment, within the required time, to workers it dismisses, terminates or lays off for a period of more than 6 months. If the employer does not give it in time, it must pay an indemnity. People who have worked for the same employer for at least 2 years can file a complaint for dismissal without just and sufficient cause, and the stated time limit is 45 days from the date of dismissal. Your personal situation (length of service, type of contract, collective agreement, reason for the end of employment) can change everything.

Key facts

Notice period by continuous service

3 months to one year: 1 week. 1 to 5 years: 2 weeks. 5 to 10 years: 4 weeks. 10 years or more: 8 weeks.

Notice not required

Task completed, force majeure (such as a fire), serious misconduct justifying immediate dismissal, less than 3 months of continuous service, fixed-term employment contract.

Indemnity if notice is missing or late

Equal to the regular wages the worker would have received between the date the notice should have been given and the end of employment, not counting overtime. Paid at the end of employment or on the next pay.

Complaint for dismissal without just and sufficient cause

For people who have held a job with the same employer for at least 2 years. Stated time limit: 45 days from the date of dismissal. Heard by the Tribunal administratif du travail if not settled before.

Costs

The CNESST offers a free mediation service. When the CNESST hands the file to a CNESST lawyer, the person pays no fees.

If the CNESST cannot proceed

A person who disagrees has 30 days to contest by filling out the Demande de révision de la décision form.

Steps

1. Check whether you received a written notice of termination of employment. The employer must give it to people it dismisses, terminates or lays off for a period of more than 6 months.
2. Check whether your case is one where notice is not required, for example: less than 3 months of continuous service, a fixed-term employment contract, serious misconduct justifying immediate dismissal, force majeure, or a completed task.
3. Compare the notice period you were given with the CNESST table, which depends on your continuous service (see the information below).
4. If notice was not given in time, the employer must pay an indemnity equal to the regular wages you would have received between the date the notice should have been given to you and the end of your employment. It is paid at the end of employment or on the next pay.
5. Check that the employer gives you all the amounts owed (wages, overtime, vacation indemnity). If employment ends in the middle of a pay period, it must finalize the payments on the next pay, within a maximum period of 2 weeks.
6. You can ask your employer for a work certificate stating your duties and the length of your employment.
7. If you believe you were dismissed without valid reason and you have worked for the same employer for at least 2 years, you can fill out the CNESST "Déposer une plainte" (file a complaint) questionnaire. The official page states a time limit of 45 days from the date of dismissal.
8. If you have a collective agreement or your situation is particular, the CNESST checks whether you have other recourses: have your situation confirmed with the CNESST or a qualified person.

General information drawn from official sources. It does not replace legal, medical or financial advice. For your situation, contact the organization concerned or a professional.