Termination is one of the most disorienting experiences a worker can face. Understanding the legal boundaries on when and how an employer can let you go is essential knowledge for every Alberta employee.

Two Types of Termination

In Alberta, termination generally falls into two categories: termination without cause and termination for cause. These are governed primarily by the Alberta Employment Standards Code, your employment contract, and the common law.

Termination Without Cause

An employer can end your employment at any time without a specific reason, as long as they provide adequate notice or pay in lieu of notice. The minimum notice periods under Alberta’s Employment Standards Code are based on how long you have worked for the employer:

• Less than 90 days: no notice required
• 90 days to 2 years: 1 week notice
• 2 to 4 years: 2 weeks notice
• 4 to 6 years: 4 weeks notice
• 6 to 8 years: 5 weeks notice
• 8 to 10 years: 6 weeks notice
• 10 years or more: 8 weeks notice

Your employment contract or common law may entitle you to more notice than these minimums. Courts have awarded significantly longer notice periods based on factors like age, seniority, and how specialized your role was.

Termination for Cause

An employer can terminate you without notice only if they have just cause — meaning your conduct was serious enough to justify immediate dismissal. Examples may include serious misconduct, theft, fraud, or repeated policy violations after formal warnings.

Employers often misuse “termination for cause” to avoid paying severance. Courts apply a high standard, and many claims of cause do not hold up. If your employer terminated you for cause and you disagree, it is worth seeking advice.

Wrongful Dismissal and Constructive Dismissal

If you were terminated without adequate notice or pay in lieu, that may constitute wrongful dismissal. If your employer made your working conditions so intolerable that you had no reasonable choice but to resign, that may be constructive dismissal — treated legally as a termination.

When Termination Crosses Into a Human Rights Violation

Even a technically lawful termination can violate human rights law if it was motivated by a protected ground — for example, being let go shortly after disclosing a disability or pregnancy. In those cases, you may have both an employment standards claim and a human rights complaint.

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If you are uncertain whether your termination was lawful, Tell Us Your Truth and we can help you think through your options.