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Employment LawJanuary 26, 2023

TERMINATION WITHOUT CAUSE IN PEI: KNOW YOUR RIGHTS

By Key Murray Law Team
2 months ago

It’s not uncommon to hear of someone ‘being fired out of nowhere’ or being called into head office only to be told that you’re no longer part of the company. It can be a jarring experience to say the least, but it’s not illegal.

Contrary to popular belief, an employer can let you go at any time without a well-documented reason.

So, what do you do if that happens? Understand what your rights are in this situation. You may be entitled to receive monetary compensation in lieu of advance notice of the employment termination, or “Notice”.

Under the Prince Edward Island Employment Standards Act, “an employer must tell an employee in writing that he/she will fire or suspend or lay off that employee.” This is referred to as giving notice; “Notice” is usually contained in a letter telling the employee that he/she will no longer work for the employer after a given date.

“The Prince Edward Island Employment Standards Act mandates a statutory minimum in terms of the amount of Notice employers are required to give,” says Shannon Farrell, partner in Key Murray Law’s Charlottetown office. “Depending on how long you were at your job, the roles and responsibilities you had, your ability to secure new employment and the circumstances of your termination, you might have a claim for more Notice than is provided for under the legislation, and possibly for monetary damages.”

Shannon also notes that “employers are also prohibited from discriminating against their employees. If you think you were treated unfairly in the workplace on account of your age, colour, creed, sex, gender identity, sexual orientation, family status, political affiliation, or other reason specific to you and unrelated to your job, you might also be entitled to compensation under the Prince Edward Island Human Rights Act.”

Termination without cause can leave you with more questions than answers, and it’s important to find out exactly what your rights and options are going forward. Our team of knowledgeable and experienced lawyers can help you navigate claims of termination without cause on PEI and work towards finding a solution that’s in your best interest.

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