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Process
Our legal process begins with a detailed case assessment, examining employment contracts, termination letters, and relevant communications. We analyze the claim against the Employment Standards Act and common law precedents to establish liability and quantify damages. Our litigation strategy is precise, often commencing with a formal demand letter and proceeding to mediation or court filings if necessary. We prioritize client communication, providing clear timelines—initial case reviews are typically completed within 3-5 business days, and many severance negotiations are resolved within 4-8 weeks. For specific legal matters, explore our dedicated practice area on Termination & Dismissal.
At a Glance
| Parameter | Reference Value |
|---|---|
| Initial Case Review | 3-5 business days |
| Typical Negotiation Timeline | 4-8 weeks |
| Common Law Notice Period | 1-24 months per Bardal factors |
| Filing Deadline (Unjust Dismissal) | 90 days from termination |
Local Considerations — Moncton
Employment law practice varies significantly across Canada's provinces and territories. In Moncton and the Atlantic region, local economic factors and provincial statutes under the New Brunswick Employment Standards Act directly influence severance entitlements and dispute resolution. Nationally, we adapt our counsel to jurisdictional nuances, such as the distinct common law developments in Ontario or the statutory frameworks in British Columbia. Whether advising a professional in Moncton's growing tech sector or a resource worker, our approach is tailored to the local legal landscape and economic realities, ensuring relevant and effective representation for clients across the country.
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Employment Lawyers in Moncton: Practice Areas
Locations covered in Moncton
Standards & Compliance
- Canada Labour Code
- New Brunswick Employment Standards Act
- Common Law Principles of Reasonable Notice
Frequently Asked Questions
What is the typical timeline for resolving a wrongful dismissal claim?
The timeline varies by case complexity. Many claims are settled through negotiation within 4-8 weeks. If litigation is required, the process can extend from several months to over a year, depending on court schedules and the need for discoveries or trial.
How do you determine a fair severance package?
We assess multiple factors established by common law, known as the Bardal factors. These include the employee's age, length of service, character of employment, and availability of similar employment. We also review the employment contract and any applicable provincial statutes.
What are the key steps after an unjust dismissal?
Immediate steps include preserving all documentation (contract, termination letter, emails), refraining from signing any release immediately, and seeking legal advice to understand your rights. A lawyer will then assess the validity of the dismissal and the adequacy of any severance offer.
How much does an employment lawyer cost in Canada?
Legal fees depend on case complexity, required hours, and whether the matter settles or proceeds to trial. Many employment law matters are handled on a contingency or flat-fee basis. For specific matters, we provide a clear cost structure after an initial case assessment. The best approach is to request a tailored budget for your situation.