In Alberta, an employer needs just cause (a justifiable reason) to dismiss an employee immediately, without advance notice or compensation for their job loss. For all other dismissals (dismissals without cause), the employer must provide notice of termination or pay instead of notice. Each employee is entitled to a different amount of termination notice or pay. This amount depends on Alberta’s employment standards legislation, the employee’s employment contract, and the common law (judge-made law).
A written employment contract may include a termination clause that sets out the rules around terminating an employee. To be enforceable, the clause must meet or exceed the minimum requirements for termination notice and pay set out in Alberta’s Employment Standards Code. If a written employment contract contains an enforceable termination clause, the employee is entitled to the notice or pay set out in the clause. If a written employment contract lacks an enforceable termination clause, or the employment contract is unwritten, the employee has the right to reasonable notice, or pay instead of reasonable notice, under the common law.
A wrongful dismissal is when an employer dismisses an employee without cause and without enough notice or pay instead of notice. An employee who believes their former employer wrongfully...
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