Summary: Voluntary Resignation in Alberta
Voluntary resignation occurs when an employee chooses to end the employment relationship. Unlike being fired, a true resignation typically means you are not entitled to severance pay.
However, in Alberta, the line between “quitting” and being “forced out” is often blurred. If you are quitting a toxic job or leaving due to mental health issues caused by the workplace, you may be facing a constructive dismissal, which entitles you to full compensation.
Resignation vs. Termination
Is resignation voluntary or involuntary? Legally, if you are pressured to resign or “given the choice” to quit or be fired, the law treats it as an involuntary termination. Do not sign a resignation letter until you understand how it affects your EI eligibility and severance rights.
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Do I Get Severance Pay if I Quit My Job in Alberta?
The general rule for severance pay in Alberta if you quit is that you are not entitled to a payout. Severance is designed to compensate employees for the loss of their job when it is the employer’s decision to end the relationship.
However, there is a major exception: Constructive Dismissal. If you are forced to resign because your employer fundamentally changed your job (like a pay cut or demotion), the law views it as a termination. In these cases, you are eligible for voluntary resignation severance pay.
Employment Insurance (EI) After Quitting
Many people ask: “Can I get EI if I quit my job?” Generally, Service Canada denies EI benefits to those who leave their jobs voluntarily. To qualify, you must prove that you had “no reasonable alternative” but to leave.
Common reasons that may allow for EI eligibility after quitting a job in Alberta include:
- Workplace harassment or bullying.
- Dangerous working conditions.
- A major change in your duties or salary.
- The need to care for a child or immediate family member.
Resignation Notice: How Much is Required?
When quitting a job, how much notice is needed depends on your employment contract and the length of your service. While many believe “two weeks” is the law, it is actually a minimum requirement under the Alberta Employment Standards Code (ESC) for those employed more than 90 days but less than two years. For those with more tenure, more notice may be legally required.
Quitting a Toxic Job or for Mental Health
Quitting a toxic job is often the only way to protect your wellbeing. If you are quitting a job for mental health reasons caused by workplace harassment, do not simply walk away. By documenting the toxicity, you may be able to claim forced resignation and secure a severance package to support your transition.
Get Legal Help Today
If you are quitting a job because of an unbearable situation, or if you were forced to sign a voluntary resignation letter, our Alberta team can help you recover the compensation you are owed in: