Termination & Temporary Layoff

Your employment can end in a few different ways:

1. You can quit your job. In this case, you have terminated your employment.
2. Your employer can terminate your employment without cause. In this case, your employer is letting you go even though you have not done anything wrong. You are usually entitled to termination notice or termination pay.
3. Your employer can terminate your employment with cause. In this case, your employer is letting you go because of your misconduct. Sometimes we refer to this as “being fired”.
4. You can be constructively dismissed. See below for more information.
5. Your employer can temporarily lay you off and then not recall you for work. If you have been laid off for more than 60 days in a 120-day period, your employment is deemed terminated.

Last Reviewed: August 2019

If your employer is terminating your employment without cause, this means your employer is ending your employment even though you have not done anything wrong.

It is legal for your employer to do this in Alberta even if things are going well. Your employer must give you notice that you are being terminated (there are some exceptions). Notice can be working notice or pay in lieu of notice (termination pay), or both.

Last Reviewed: August 2019

If your employer is terminating your employment with cause, this means your employer is ending your employment because of your misconduct.

It is legal for your employer to do this in Alberta if your misconduct is severe. Some examples of severe misconduct are:

• theft
• continuous harassment of a co-worker
• unexcused absences from work
• illegal behavior
• constant neglect of your duties

Sometimes we refer to this as “being fired”.

Last Reviewed: August 2019

It depends on why your employer terminated your employment.

If your employer terminated you with cause, then your employer does not have to give you any notice. Your employer only has to pay you wages earned up to when you stop working.

If you are terminated without cause, Alberta’s Employment Standards Code says that your employer must give you notice that you are being terminated (unless you fall under an exception). This notice is meant to give you time to find a new job. The Code sets out the minimum of what you are entitled to upon termination. You may also be entitled to more notice (called reasonable notice) or severance pay under common law (judge-made law). You should get legal advice if you are terminated and especially before you sign a release form for a severance package. 

The amount of minimum notice under the Code depends on how long you have worked for your employer:

• one week notice for employment of 90 days or more, but less than 2 years
• two weeks notice for employment of 2 years or more, but less than 4 years
• four weeks notice for employment of 4 years or more, but less than 6 years
• five weeks notice for employment of 6 years or more, but less than 8 years
• six weeks notice for employment of 8 years or more, but less than 10 years
• eight weeks notice for employment of 10 years or more

Your employer can provide you with termination pay for the same period instead of a notice period at work, or a mixture of pay and notice.

You may also be entitled to reasonable notice. However, this is outside of the powers of the Employment Standards Code.

Last Reviewed: April 2020

Minimum termination notice is the amount of notice your employer must give you before terminating your employment without cause. It is set out in the Employment Standards Code and depends on how long you have worked for your employer.

Reasonable notice is calculated according to the common law (or judge-made law) in Canada. Some employees are legally entitled to more than the minimum set out in the law. You may be deserving of more notice depending on your age, length of service, type of employment, and whether similar employment is available. For example, an employee in a specialized field who has served a company for many years is likely entitled to more notice than the minimum set out in the Employment Standards Code.

For more information or advice about reasonable notice, contact an employment lawyer.

Last Reviewed: August 2019

Certain employees are exempt from receiving the minimum notice set out in the law. The following employees do not have to be given notice:

• employees terminated with cause
• employees employed for 90 days or less
• employees employed for a fixed term or task of one year or less
• seasonal employees
• employees refusing an offer of reasonable alternative work
• employees refusing work available through a seniority system
• employees not working because of a strike or lockout
• employees whose employer cannot fulfil the employment agreement because of unforeseeable or unpreventable circumstances
• employees on a temporary layoff who do not return to work within 7 days of being recalled by the employer
• construction workers, unless you perform ongoing maintenance only
• workers who clear trees and brush for the purpose of clearing land (not for the purpose of harvesting timber)

Last Reviewed: August 2019

Instead of allowing you to work during the notice period, your employer can give you a lump sum payment equal to the regular wages you would have earned during the notice period.

Often employers provide termination pay as it can be uncomfortable for the employee, the employer and other workers if the employee works during the notice period.

Last Reviewed: August 2019

Employment agreements may include terms about termination. Sometimes you agree beforehand how much notice you will be given or how much you will be paid if your employment is terminated. The employment agreement might also say what behavior the employer considers serious enough to justify termination with cause. It is important to review your employment agreement when your job ends to make sure your employer followed the terms you agreed to.

Even if the written employment agreement addresses termination notice or pay in lieu of notice, it may be worth having the agreement reviewed by an employment lawyer to see if it is enforceable. An employment agreement must comply with employment standards legislation.

Last Reviewed: August 2019

Usually. It depends on how long you have been working for:

• less than 90 days: no notice required
• more than 90 days but less than 2 years: one week’s notice required
• 2 years or more: 2 weeks’ notice required

You do not have to give your employer notice if:

• there is an established custom or practice in the industry regarding termination of employment that has different requirements
• you are terminating your employment because your personal health or safety would be in danger if you kept working
• it is impossible for you to carry out your employment contract because of unforeseeable or unpreventable causes beyond your control
• you have been temporarily laid off
• you are laid off after refusing an offer by your employer of reasonable alternative work
• you have not been provided with work by your employer because of a strike or lockout taking place at your place of work
• your employment contract says you can choose to work or not to work for a temporary period when asked to work by your employer
• you terminate the employment because of a decrease in wage rate, overtime rate, vacation pay, general holiday pay or termination pay

Last Reviewed: August 2019

NOTE: The law changed on November 1, 2020 about when your employer has to pay you after your employment terminates. The new law is below. The old laws apply to terminations before November 1st. Contact Employment Standards for more information.  

Regardless of how your employment ended (you quit or your employer terminated your employment), your employer has two options on when to pay you:

1. They can pay you 10 consecutive days after the end of the pay period in which the termination happens. For example, if your employment ends on a Tuesday and the pay period ends the following Friday, your employer would pay you 10 days after the Friday.
2. They can pay you 31 consecutive days after your last day of employment.

The choice is up to your employer, not you.

Last Reviewed: November 2020

If you continue to work for your employer after the date you were supposed to be done, the termination notice is no longer effective.

Last Reviewed: August 2019

No. Your employer is not allowed to fire you for making a complaint about employment standards. This is called an unjust dismissal.

Your employer may be committing an offence for which they could be fined. If the Director of Employment Standards investigates this matter and finds it to be a valid complaint, your employer may be ordered to reinstate you (give you your job back) or pay you compensation or both.

Last Reviewed: August 2019

Constructive dismissal occurs when you leave your job because your employer has significantly changed a fundamental term of your employment agreement without you having any say. Constructive dismissal can also exist where the work environment becomes so hostile that you feel you have to quit.

Some examples of the fundamental terms of an employment agreement can include job description, salary, hours of work, or location of work. An example of a hostile work environment is where you are being sexually harassed or bullied and your employer is not doing anything about it even after you reported your concerns to them.

Constructive dismissal does not exist where:

• your employer makes small or reasonable changes to your job. For example, your employer asks that you take on one task and stop doing another task that is still related to your role at the company; or
• you accept the changes your employer proposes. For example, everyone at the company agrees to a decrease in salary so that the company does not have to lay anybody off during tough financial times.

Constructive dismissal claims can be difficult to prove. You should consult a lawyer if you think you have been constructively dismissed.

Last Reviewed: August 2019

An employer can layoff an employee temporarily for 90 days within a 120-day period.

The layoff notice must:

• state that it is a notice for temporary layoff
• state the start date of the temporary layoff, and
• include a copy of the sections of the law.

NOTE: If you are part of a union, your collective agreement might say something different about termination notice or termination pay and recall.

Any layoff due to COVID-19 can be for 180 consecutive days and you do not have to work any days in this period. You can be recalled within this period. If you are not recalled after 180 consecutive days of no work, then you are deemed to be terminated (and regular termination laws apply). This change applies to workers who were already laid off due to COVID-19 as of June 18th and those who are laid off after this date. For more information, see section 3(3) of Bill 24.

Last Reviewed: November 2020

Your employer will send you a written recall notice. The notice will say that you have to return to work within 7 days of you receiving the notice. If you do not return to work within 7 days, your employer can terminate your employment without notice or termination pay.

NOTE: If you are part of a union, your collective agreement might say something different about termination notice or termination pay and recall.

Last Reviewed: November 2020

Yes. But your employer must give you termination pay.

If you have been laid off for more than 60 days during a 120-day period, your employment is deemed to have been terminated. (This means your employment is considered ended and no further steps are necessary.) Your employer must still pay you termination pay.

NOTE: If you are part of a union, your collective agreement might say something different about termination notice or termination pay and recall.

Last Reviewed: November 2020

Yes. Items your employer gives you to carry out your job are the employer’s property – such as a cellphone, laptop, company credit card, vehicle, uniform, work clothes, tools, etc. Your employer can ask you to return this property to them when you are done work, unless your employer makes it clear that you can keep certain items. If you do not return this property, this may be considered theft.

Last Reviewed: December 2019