Best Wrongful Termination Lawyers in Québec

About Wrongful Termination Law in Québec, Canada

Wrongful termination, also known as unjust dismissal or unfair dismissal, refers to a situation where an employee is dismissed from their job in violation of their legal rights. In Québec, the legal framework for wrongful termination is distinct from the rest of Canada, as it is largely governed by the province's unique labor laws and the Civil Code of Québec. Employees in Québec have specific protections whether they are covered by provincial employment standards or, in some cases, the Canada Labour Code. A wrongful termination may involve dismissals carried out without just and sufficient cause or without proper notice or compensation as required by law.

Why You May Need a Lawyer

Hiring a lawyer for wrongful termination can be essential in several common scenarios:

• Your employer terminates your employment without a valid reason and without providing reasonable notice or indemnity.
• You suspect that your dismissal was motivated by discrimination based on age, gender, disability, race, or other prohibited grounds under Québec civil rights laws.
• Your employer has not followed proper disciplinary or termination procedures as outlined in your employment contract or the applicable laws.
• You were let go after reporting wrongdoing or exercising your legal rights at work, such as making a complaint about working conditions - this could be considered a wrongful reprisal.
• You are not sure if your employment was terminated legally or your severance offer matches your entitlements under the law.
• You need help with understanding or negotiating a settlement, or preparing for a hearing before the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) or other tribunals.
• Your employer refuses to issue required documents or pay outstanding wages or vacation pay upon your dismissal.

Local Laws Overview

In Québec, wrongful termination laws are principally governed by the Act Respecting Labour Standards (Loi sur les normes du travail), the Civil Code of Québec, and various human rights statutes. Some key aspects are:

• Employees with at least two years of uninterrupted service who are not managers are generally protected against dismissal without just and sufficient cause.
• Employers must follow appropriate procedures and provide advance notice of termination or compensation in lieu of notice except in cases of serious fault (gross misconduct).
• If an employer dismisses an employee without a valid reason and due process, the employee may file a complaint with the CNESST within 45 days of termination.
• Discriminatory dismissals, such as those based on race, gender, age, disability, or other prohibited grounds under the Charter of Human Rights and Freedoms, are not permitted.
• Federally regulated employees (such as those in banking, telecommunications, or air transport) may be covered by the Canada Labour Code, which provides its own rules regarding unjust dismissal.
• Employees may also have contractual rights to notice or severance that exceed statutory minimums, enforceable before Québec courts.

Frequently Asked Questions

What is considered wrongful termination in Québec?

Wrongful termination occurs when an employer dismisses an employee without just and sufficient cause, fails to provide the required notice or compensation, or violates the employee's legal or contractual rights.

Who is protected against wrongful termination in Québec?

Most employees who have completed at least two years of continuous service with the same employer, and who are not managers, are protected against unjust dismissal under Québec’s labor standards.

Can I be fired without notice in Québec?

Employers must usually provide advance notice or compensation in lieu, except in cases of serious fault such as gross misconduct where no notice is required.

What is the time limit to file a wrongful termination complaint?

You must generally file a wrongful termination complaint with the CNESST within 45 days of your dismissal.

Can I be fired for making a complaint at work?

No, retaliatory or reprisal dismissals for exercising your rights are considered wrongful and may entitle you to remedies.

What compensation can I receive if I am wrongfully terminated?

Remedies can include reinstatement to your position, compensation for lost wages, and damages if your rights were violated.

Do I need a lawyer to file a complaint with the CNESST?

While not required, having a lawyer may improve your chances, especially if your case is complex or involves multiple legal issues.

Are severance packages mandatory in Québec?

The law requires notice or pay in lieu, not severance per se, but an employment contract or collective agreement may provide for additional severance benefits.

What if I am a manager or executive?

Managers are not protected by the unjust dismissal sections of the labor standards act, but they may have rights under other legal provisions or their contracts.

Does wrongful termination cover discrimination?

Yes, dismissals on prohibited grounds such as race, gender, disability, or similar may be both wrongful and discriminatory, entitling you to additional remedies.

Additional Resources

If you need more information or assistance regarding wrongful termination in Québec, the following resources can be helpful:

• Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) - The main government body overseeing labor standards, including dismissal rights and complaint procedures.
• Commission des droits de la personne et des droits de la jeunesse (CDPDJ) - For cases involving discrimination or violation of human rights at work.
• Éducaloi - Offers accessible legal information on employment rights in Québec.
• Legal Aid Québec - Provides legal assistance to those who meet financial eligibility requirements.
• Barreau du Québec - The provincial bar association, which can refer you to an employment lawyer.

Next Steps

If you believe you have been wrongfully terminated in Québec:

1. Gather all documents related to your employment and termination, such as your work contract, termination letter, pay stubs, and any relevant communications.
2. Review your rights and the specific procedures to file a complaint with the CNESST or other appropriate body, keeping in mind the strict deadlines.
3. Consider consulting with an employment lawyer who can evaluate your case, explain your options, and represent you in negotiations or proceedings if necessary.
4. If eligible, reach out to Legal Aid or contact the Barreau du Québec for referrals.
5. Act quickly since the ability to claim your rights often depends on meeting legal time limits.

Taking early and well-informed action is the best way to protect your rights and seek fair remedies in the event of wrongful termination.