Summary: Severance and Voluntary Resignation

In most cases, the answer to “do I get severance if I quit?” is no. Voluntary resignation typically ends an employer’s obligation to provide a payout.

However, if you are resigning because your employer made a fundamental change to your job — like a pay cut, demotion, or creating a toxic environment — you may have been constructively dismissed. In these cases, you are entitled to full severance pay, just as if you had been fired.

Legal Insight

The “Forced Out” Rule

If your resignation is involuntary (meaning you were pressured to quit or given no other choice), the law treats it as a termination. This opens the door to voluntary resignation severance pay that can reach as high as 24 months’ compensation.

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Quitting and Constructive Dismissal in Alberta

The most common way to get severance pay Alberta if you quit is through a claim of constructive dismissal. This happens when your employer makes a major change to your employment contract without your consent. Even if you “quit,” the law says the employer actually ended the relationship first.

Common triggers that turn a resignation into a severance-eligible termination include:

Exceptions: When Severance is Owed Upon Resignation

Beyond constructive dismissal, there are other niche situations where you may get severance pay for voluntary resignation:

  • Employer Ends Notice Period Early: If you give two weeks’ notice and your employer tells you to leave immediately, they must pay you for the remainder of that notice period.
  • Contractual Payouts: Some high-level employment contracts specify a payout even if the employee chooses to leave.
  • Pressure to Resign: If an employer “suggests” you quit to avoid being fired, this is legally a termination, and severance is owed.
⚠️ Important Note: Never sign a resignation letter “under duress.” If you are being pressured to quit, tell your employer you need to seek legal advice first. Signing a “voluntary” resignation can make a severance claim much harder to win.

Can I Get EI if I Resign?

Many Albertans worry about EI eligibility after quitting. While the general rule is no, Service Canada will provide benefits if you had “just cause” for leaving—the same standard often used for constructive dismissal. For more details on the 2026 rules, see our guide on Can I Get EI if I Quit?

How Much Severance are You Owed?

If your situation qualifies as a termination in disguise, your payout is calculated based on “Common Law” factors. This is usually much higher than the minimums found in the Alberta Employment Standards Code.

In Alberta, successful claims for Alberta severance pay for voluntary resignation (forced out) can result in:

  • Up to 24 months of total compensation for long-tenured employees.
  • Coverage for lost bonuses, commissions, and medical benefits.
  • Potential “aggravated damages” if the employer acted in bad faith.

Get Legal Help Today

If you are thinking of quitting because your job has changed, or if you were already pressured into a voluntary resignation, do not walk away empty-handed. Our Alberta team specializes in turning resignations into settlements in:

➡️ Contact Samfiru Tumarkin LLP today for a confidential consultation to see if you are actually owed a severance package.

Thinking of Quitting?

Don't walk away from your money. If you are being forced out, you could be entitled to up to 24 months of severance pay.

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