Quitting and Getting Fired

I want to quit. Do I need to give notice?

If you have worked for your employer for less than 3 months you do not have to give written notice when you quit your job, otherwise you do need to give notice. The period of written notice you must give is determined by how long you have worked for your employer. 

There are exceptions to the requirement for written notice such as when your employer mistreats you, acts in manner that might endanger your health or well-being, breaches a material condition in your contract of service, or you allow your employer to keep your wages in lieu of notice. 

If you feel you have grounds for quitting without written notice, you should contact the provincial Labour Standards Division first. You can reach them by email at LabourStandards@gov.nl.ca or by telephone at: 

• St. John’s Office: (709) 729-1063

• Corner Brook Office: (709) 637-2364

• Toll Free: 1-877-563-1063

My employer just fired me without notice. Is that legal?

Your employer may fire you without written notice in certain circumstances, such as: 

• your refusal to obey a lawful instruction of your employer

• your willful misconduct

• your neglect of duty that adversely affects employer

• your breach of a material condition of your contract of service

• you have been employed for less than 3 months

• your employer pays you wages in lieu of notice 

Otherwise, your employer must give you written notice that you are being fired. The period of written notice they must give you is determined by how long you have worked for your employer.

Does my employer need to give me written notice if I am being temporarily laid off? 

If your employer is temporarily laying you off, unless it is for a period of 1 week or less, they must give you written notice. The period of written notice they must give you is determined by how long you have worked for your employer. However, your employer can pay you wages in lieu of notice.

What about getting my final paycheque or tips?

If you are fired or laid off, you must be paid all outstanding wages, tips and vacation pay, as well as any wages in lieu of written notice within 1 week of termination of employment. 

If I am fired by my employer, how much notice, or pay in lieu of notice, am I entitled to?

While there are some exceptions, generally speaking your employer must give you notice or pay in lieu as follows:

You have been continuously employed for:

3 months or more but less than 2 years
2 years or more but less than 5 years
5 years or more but less than 10 years
10 years or more but less than 15 years
15 years or more

Keep in mind, these are minimums mandated by the Labour Standards Act and you can ask your employer for more notice / pay in lieu of notice if you feel your situation warrants it. 

If your employer denies your request, you may want to consider legal action. 

Also, keep in mind you may have already agreed to a specific amount of compensation upon termination of employment in your employment terms of service.