Employer guide · terminations
How to end employment in Alberta
The steps an Alberta employer takes to end someone's job fairly and within the rules: what you owe, what to write down, and how to run the meeting.
Termination without cause: what the employer owes
Without cause means the employee did nothing that justifies dismissal. You still can end the job, but you must give written notice, termination pay in place of notice, or a mix. Employment Standards sets the minimum:
| Length of employment | Notice the employer gives |
|---|---|
| 90 days or less | None |
| More than 90 days, less than 2 years | 1 week |
| 2 years, less than 4 years | 2 weeks |
| 4 years, less than 6 years | 4 weeks |
| 6 years, less than 8 years | 5 weeks |
| 8 years, less than 10 years | 6 weeks |
| 10 years or more | 8 weeks |
Termination pay must be at least the wages the employee would have earned for regular hours during the notice period. If wages vary, use the average of the last 13 weeks the employee worked. Leave out overtime, general holiday pay and vacation pay. Vacation pay is owed separately.
These are minimums. An employment contract can promise more. If the contract does not limit notice to the Employment Standards minimum, a court can award more, based on the person's age, role and years of service.
Common law reasonable notice (severance) also needs to be discussed. Let's talk.
Termination with cause
In cases of just cause, Employment Standards does not require termination notice or termination pay. Just cause is a very high bar to meet.
Documentation is required to prove cause. Examples may include: written warnings, dates, and what the employee was told would happen next, signed by the employee.
Constructive dismissal risks
You can end a job without saying the words. A significant cut to pay, hours or duties, for example, made without the employee's agreement, may be deemed as a termination. Talk to me before you make a big change to someone's job.
The termination meeting
- Prepare the letter, the final pay figures and a short script before the meeting.
- Hold it in private, with a second person from the business as a witness.
- State the decision in the first minute.
- Explain the letter: last day, final pay, vacation pay, benefits and return of property.
- Listen, stay respectful, and keep it short.
- Plan how the employee leaves and how you tell the team.
What not to say: do not give a different reason from the letter, do not argue, and do not promise anything that is not in writing.
After the meeting
- Pay final earnings within 10 calendar days after the end of the pay period in which employment ended, or 31 calendar days after the last day. You choose which.
- Issue the Record of Employment through Service Canada.
- Write a note to file about what was said in the meeting.
- Remove system access and collect company property.
Questions employers ask
Is it legal to terminate an employee without cause in Alberta?
Yes. An Alberta employer can end employment without cause, as long as it gives the notice or termination pay the law and the contract require, and the reason is not discriminatory under the Alberta Human Rights Act. Consideration for common law reasonable notice is also required.
Can an employer turn a termination without cause into one with cause?
It is risky. If you ended the job without cause and later find misconduct, get legal advice before you change your position. Courts look closely at cause that appears after the fact.
What is considered wrongful dismissal in Alberta?
Wrongful dismissal usually means the employee did not get the notice they were owed. Employment Standards sets the minimum, but a contract or a court can require common law reasonable notice, depending on a number of factors.
This page is general information about Alberta employment rules. It is not legal advice. For a situation of your own, book a call or speak with an employment lawyer.
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