Termination & Temporary Layoff

Do employment standards about termination apply to all employees in Alberta?

No. Termination standards do not apply to the following employees:

• federal government employees or employees in industries governed by the federal government;
• municipal police service employees;
• farm owners or family members of a farm owner.

Last Reviewed: August 2019

What are the different ways that my employment can end?

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

What is “termination without cause”?

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

What is “termination with cause”?

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, or
• constant neglect of your duties.

Sometimes we refer to this as “being fired”.

Last Reviewed: August 2019

If my employer terminates my employment, do they have to give me notice?

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 amount of notice 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 a reasonable notice. However, this is outside of the powers of the Employment Standards Code.

Last Reviewed: August 2019

What is the difference between minimum termination notice and reasonable notice?

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

Who does NOT get minimum termination notice?

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 less than one year;
• 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

What is “termination pay”?

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

What does my employment contract say about notice?

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

If I quit my job, do I have to give my employer notice?

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

How long after my last day of work does my employer have to pay me?

It depends on how you were terminated and whether notice was required to be given:

• If you quit your job by giving notice, your employer must pay you all earnings within 3 days of your last day of work.
• If you quit your job and termination notice was not required, your employer must pay you all earnings within 10 days of your last day of work.
• If you quit your job and did not give notice but you were supposed to, your employer must pay you all earnings within 10 days after the date on which the notice would have expired (if you had given it).
• If your employer terminates your job and termination notice was required, your employer must pay you all earnings within 3 days of your last day of work.
• If you employer terminates your job and termination notice was not required, your employer must pay you all earnings within 10 days of your last day of work.

Last Reviewed: August 2019

What happens if I get a termination notice but then my employer asks me to keep working?

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

Can my employer fire me because I made a complaint to Employment Standards?

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

What is “constructive dismissal”?

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

What is a temporary layoff?

An employer can layoff an employee temporarily for 60 days within a 120-day period. To do so, an employer must give the employee notice in writing:

• one week beforehand if the employee has worked for less than 2 years;
• two weeks beforehand if the employee has worked for 2 or more years;
• as soon as practicable if there are unforeseen circumstances.

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.

Last Reviewed: August 2019

If I am given a temporary layoff notice, how do I know when to return?

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: August 2019

Can my employer end my employment while I am on a temporary layoff?

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.

Last Reviewed: August 2019