Wrongful Dismissal
Written in plain language for general understanding. This is educational content, not legal advice. Based on Canadian federal statutes and official sources.
Canadian Federal Law
What is this right?
If you've worked for a federally regulated employer for 12 months or more, you have strong protections against being fired without a good reason.
Notice of termination depends on how long you've worked:
- 3 months to 3 years: 2 weeks' notice
- 3 to 8 years: graduated up to 8 weeks
- 8+ years: 8 weeks' notice
Severance pay (after 12+ months): the greater of 2 days' wages per year of service or 5 days' wages.
You can also file an unjust dismissal complaint under section 240, which can result in reinstatement to your job and back pay.
When does it apply?
- You work for a federally regulated employer.
- 3+ months of service for notice rights.
- 12+ months of continuous service for severance pay and unjust dismissal protection.
- Not available to managers or workers covered by a collective agreement (union contract).
What should you do?
- File your complaint within 90 days of being dismissed — this deadline is strict and cannot be extended.
- Keep your termination letter and Record of Employment (ROE).
- Request written reasons for your dismissal — your employer must provide them within 15 days of your request.
What should you NOT do?
- Don't sign a release or settlement without fully understanding what rights you're giving up. Consider getting legal advice first.
- Don't miss the 90-day deadline — once it passes, you lose your right to file.
- Don't assume any reason is just cause. The law sets a high bar for employers to prove they had a good reason to fire you.
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