Wrongful Dismissal in Quebec
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If You Were Wrongfully Dismissed by a Canadian Employer
- 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.
How Quebec differs from federal law
Quebec provides strong protections against unjust dismissal that differ significantly from other Canadian provinces. Under the Act respecting labour standards, an employee with two or more years of continuous service who believes they were dismissed without good and sufficient cause can file a complaint for unjust dismissal.
- This is a statutory right — you do not need to be unionized or have a contract to access it. This is broader than most other provinces, which generally limit unjust dismissal claims to reasonable notice or pay in lieu.
- If the complaint succeeds, the Tribunal administratif du travail (TAT) can order reinstatement, back pay, and compensation. This goes beyond the common law remedy of reasonable notice available in other provinces.
- An employer must give written notice of termination based on length of service: 1 week (3 months to 1 year of service), 2 weeks (1 to 5 years), 4 weeks (5 to 10 years), and 8 weeks (10 or more years).
- It is prohibited to dismiss an employee for exercising a right under the Act (such as refusing overtime, taking maternity leave, or filing a complaint). Such dismissals are presumed retaliatory, and the employer bears the burden of proving otherwise (section 122).
- Quebec's Civil Code also provides that a contract of employment for an indeterminate term requires reasonable notice of termination (article 2091 CCQ), which courts interpret based on factors like age, length of service, and position.
Additional Steps in Quebec
File an unjust dismissal complaint with the CNESST within 45 days of your dismissal. The CNESST will first attempt mediation. If mediation fails, the case is referred to the Tribunal administratif du travail for adjudication. You may also pursue a civil claim for damages under article 2091 of the Civil Code of Quebec.
Relevant Law: Act respecting labour standards (CQLR c N-1.1), ss. 82-84, 122-131; Civil Code of Quebec, art. 2091
Common Questions
When does wrongful dismissal 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 I do if I think my Canadian employer fired me without just cause?
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 mistakes should I avoid with wrongful dismissal?
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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