Performance and difficult decisions · Alberta
Performance and difficult decisions
Clear expectations. Thoughtful decisions. Respectful conversations.
When performance concerns continue or an employment relationship needs to change, knowing how to proceed can feel difficult. I help you understand the situation, consider your options, and prepare for the conversation.
Support can include
- Clarifying performance expectations and documenting concerns.
- Preparing managers for feedback and accountability conversations.
- Developing improvement plans and discussing follow-through.
- Guidance through discipline and employment transitions.
- Preparing communications and planning difficult meetings.
We will consider the circumstances, relevant requirements, and the impact on your workplace. Where legal advice is needed, I can help you prepare the information and work alongside your employment lawyer.
Termination notice and termination pay in Alberta
Under Alberta Employment Standards, an employer who ends employment must give written notice, termination pay in place of notice, or a mix of both. The minimum depends on how long the person has worked for you.
| 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 |
If you plan to end the jobs of 50 or more employees at one location within 4 weeks, you must also give the Government of Alberta at least 4 weeks' written notice.
Termination with cause and without cause
Without cause means you are ending the job for a business reason, or because the fit is not right, and the employee did nothing that justifies dismissal. Notice or termination pay is owed.
With just cause means serious misconduct. In cases of just cause, Employment Standards does not require termination notice or termination pay. The bar is high, and it is hard to meet without a written record. Read more in my guide to ending employment in Alberta.
The steps of progressive discipline
Progressive discipline gives an employee clear warning and a fair chance to improve before you end their job. Most employers use these steps and have them written in a clear policy:
- A conversation about the problem, noted in the file.
- A verbal warning, confirmed in writing.
- A written warning that states what must change and by when.
- A final written warning that says the next step is termination.
- Termination, if nothing changes.
Serious misconduct can skip steps. Write down every step, even the first conversation.
Final pay deadlines
When employment ends, whoever ends it, the same rule applies. Final earnings are due within 10 calendar days after the end of the pay period in which employment ended, or within 31 calendar days after the last day of employment. The employer chooses which.
How I help
- Review the file and tell you where the risks are before you decide.
- Work out the notice or termination pay, vacation pay and final pay.
- Write the termination letter.
- Plan the meeting with you, and attend it if you want me there.
- Advise you when to bring in an employment lawyer.
Questions employers ask
What is the minimum notice period for termination in Alberta?
Under Employment Standards, no notice is needed for employment of 90 days or less. After that it starts at 1 week and rises to 8 weeks at 10 years of service. These are minimums. A contract, policy or a court can require more.
How is termination pay calculated in Alberta?
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 over the last 13 weeks the employee worked. It does not include overtime pay, general holiday pay or vacation pay.
What should you not say when terminating an employee?
Do not argue, debate the decision, or give reasons that differ from the letter. Do not make promises about references or pay that are not in writing. Keep the meeting short, private and respectful.
Is severance pay mandatory in Alberta?
Employment Standards sets minimum termination notice or termination pay. Beyond that, an employee may be owed more under their contract or under common law. There will be situations where you will be advised to speak with an employment lawyer before ending the employment of an employee.
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.
Let's talk about what you need
You do not need to have everything figured out before reaching out. Tell me what is happening, and we will talk about where support could help.
Start with a free 30-minute introductory call.