Wrongful Termination Lawyers

Were you let go without a real reason, pushed out after major changes to your job, or offered a severance package you are unsure about? A wrongful dismissal lawyer can tell you whether your dismissal can be challenged, what you may be owed and how to protect your rights before it is too late. On this page you can compare lawyers who handle dismissals in Quebec, see their rates and availability, and book a consultation online.

What a wrongful dismissal lawyer does

A lawyer in this area reviews how your job ended and explains your options. That can mean analyzing your termination letter and employment contract, checking whether you can file a complaint, estimating the notice you may be entitled to, negotiating with your former employer, reviewing a severance offer or release, and representing you before the Tribunal administratif du travail or the courts.

Wrongful termination is one part of employment law. For other workplace problems, such as unpaid wages, harassment or a workplace injury, see our page on employment and labour lawyers.

Common situations

• Dismissal without a serious reason: you were let go and the reason given seems unfair, vague or false.
• Constructive dismissal: your employer cut your pay, changed your duties or hours, or demoted you without your agreement, leaving you little choice but to leave.
• Dismissal after exercising a right: you were let go after taking a leave, making a complaint or asking for what you were owed.
• Severance offer: you received a package and a release to sign and want to know whether it is fair.
• Layoff that becomes permanent: a temporary layoff that drags on or turns into a termination.
• Employers: planning a termination and wanting to respect the notice and procedures that apply.

How dismissal works in Quebec

Several sets of rules can apply to the same dismissal.

Complaint for dismissal without good and sufficient cause. Under the Act respecting labour standards, an employee who has worked for the same employer long enough, without interruption, can contest a dismissal made without good and sufficient cause. The complaint is filed with the CNESST, which can try to help the parties settle. If the matter is not resolved, it goes to the Tribunal administratif du travail (TAT), which can order remedies such as reinstatement or compensation for lost wages. A lawyer can check whether you meet the service requirement.

Reasonable notice under the Civil Code. The Civil Code of Québec requires an employer that ends a job without a serious reason to give reasonable notice, or pay in lieu of notice. What is reasonable depends on factors such as your length of service, your position, your age and how easy it will be to find similar work. This civil-law notice is often more generous than the minimum notice in labour standards, and you cannot give up your right to it in advance in your contract.

Constructive (disguised) dismissal. If your employer makes a substantial change to an essential part of your job without your consent, such as your pay, duties or status, it can amount to a dismissal even though you were never formally fired. Whether the change is serious enough depends on the facts, so get advice before you resign or accept the new conditions.

Deadlines: act quickly

The deadlines to contest a dismissal are short, and missing one can end your recourse. If you have just lost your job, or your employer has announced major changes, speak to a lawyer quickly.

Severance and releases: do not sign too fast

Employers often offer a severance amount in exchange for a release, a document in which you give up your claims against them. Offers are frequently negotiable, and the first one is not always the best. Once you sign a release, it is very hard to undo, so take the time to have it reviewed. A lawyer can compare the offer with what you may be entitled to under labour standards and the Civil Code, and negotiate on your behalf.

Unionized and federally regulated workers

If you are unionized, your recourse against a dismissal usually goes through a grievance under your collective agreement rather than a complaint to the CNESST. Talk to your union representative right away, since grievance deadlines are also short.

If your employer is federally regulated, such as a bank, an airline, a railway or a telecommunications company, the Canada Labour Code applies instead of Quebec labour standards, even if you work in Quebec. It has its own unjust dismissal complaint process, and a lawyer can tell you which regime applies.

When to get a lawyer

• You were just dismissed and want to know whether you can contest it.
• Your employer changed your pay, duties or hours and you are thinking of leaving.
• You received a severance offer or a release to sign.
• You were let go shortly after a leave, a complaint or a request for what you were owed.
• You are an employer planning a termination.

Preparing for your consultation

• Your employment contract, offer letter and any policies you signed.
• Your termination letter or any notice of changes to your job.
• Recent pay stubs and information on your benefits, bonuses and commissions.
• Any severance offer or release you received.
• Emails, messages and notes about the dismissal, with a short timeline of dates.

For tips on picking the right person, read our guide on how to choose a lawyer in Quebec.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates, language and availability, and book a consultation directly. Each lawyer sets their own rates, and you can see them before you book. You can also search all lawyers who handle dismissals or see dismissal lawyers in Montreal.

Frequently asked questions

What counts as wrongful dismissal in Quebec?

Generally, a dismissal without a serious reason and without proper notice, a dismissal without good and sufficient cause for an employee with enough service, a dismissal in reprisal for exercising a right, or a constructive dismissal. Each situation has its own rules, so a lawyer should look at the facts.

Is it worth contesting my dismissal?

It depends on your length of service, the reason given, what you were offered and what you want, whether that is to return to work or to be compensated. A first consultation helps you weigh the options before a deadline passes.

How much does a dismissal lawyer cost?

Each lawyer sets their own rates, which may be hourly, a fixed fee for a task such as reviewing a release, or another arrangement. You can compare rates on each profile before booking, and ask for an estimate at your first meeting.

Can I be fired without a reason in Quebec?

An employer can end a job without a serious reason, but it must then give reasonable notice or pay in lieu of notice. An employee with enough service can also contest a dismissal made without good and sufficient cause.

Should I resign if my job was changed?

Not before getting advice. Resigning, or quietly accepting the new conditions, can affect whether you can later claim constructive dismissal.