If you’ve been terminated in Alberta, you may be entitled to termination pay. This payment is guaranteed under the Employment Standards Code and is often significantly higher under common law – up to 24 months’ pay.
Whether your employer offers working notice or pay in lieu, knowing your rights can ensure you receive full compensation.
On This Page:
- 1. What is Termination Pay?
- 2. Minimum Termination Pay
- 3. Who Qualifies?
- 4. How Much Is It?
- 5. Termination Pay vs. Working Notice
- 6. Final Pay After Termination
- 7. Get Legal Advice
- 8. FAQ
What is Termination Pay in Alberta?
In Alberta, termination pay is frequently referred to as pay in lieu of notice. They mean the exact same thing. If your employer terminates your employment without cause and wants you to leave the workplace immediately, they must cut you a check for the exact amount of wages and benefits you would have earned if they had given you advance working notice.
📺 Watch: Employment Law Legal Terms – A Quick Explanation
Confused by legal terms? Watch the video below as employment lawyer Lior Samfiru explains what they mean.
Alberta Minimum Termination Pay: ESC Rules
Under Alberta’s Employment Standards Code, the minimum termination pay you’re entitled to is based on your length of service.
| Length of Employment | Termination Pay Required |
|---|---|
| Less than 90 days | None |
| 90 days to < 2 years | 1 week |
| 2 years to < 4 years | 2 weeks |
| 4 years to < 6 years | 4 weeks |
| 6 years to < 8 years | 5 weeks |
| 8 years to < 10 years | 6 weeks |
| 10+ years | 8 weeks |
Who Qualifies for Termination Pay in Alberta?
You qualify for termination pay if:
- You’ve worked at least 90 days continuously
- You were let go without cause
- Your employer didn’t provide proper written notice
Some exceptions apply (e.g., seasonal work, fixed-term contracts), but most Alberta employees are covered.
Common Law Termination Pay: How Much Could You Be Owed?
Unless your employment contract strictly limits your entitlements, you qualify for common law severance in Alberta – which means up to 24 months’ pay.
Severance pay factors include:
- Age
- Position and responsibilities
- Length of service
- Availability of similar work
You are owed significantly more than the ESC minimum.
It could be wrongful dismissal. If your employer only offers ESC minimums, they may be violating your rights. Let us review your package before you sign anything.
Working Notice vs. Termination Pay in Alberta
| Working Notice | Termination Pay |
|---|---|
| You stay employed during the notice period | You’re paid instead of working |
| Must include include all pay, benefits, duties | Paid immediately after termination |
| Often incomplete or insufficient | Governed by ESC and common law |
Working notice must be adequate. If it’s not, you are owed more.
If you’re unsure whether your entitlements fall under termination or severance pay, visit our guide on the Termination Pay vs. Severance Pay in Alberta.
Common Mistake: Accepting the Minimum
Many Alberta employees accept ESC minimums only, unaware that their rights under common law are far greater.
When Do I Get My Final Pay After Termination in Alberta?
Under the Alberta Employment Standards Code, your employer must pay your final pay — which includes your regular wages, accrued vacation pay, and ESA termination pay — within 10 consecutive days after the end of the pay period in which you were terminated, or 31 consecutive days after your last day of employment, whichever is earlier.
Worried You Didn’t Get Enough Termination Pay in Alberta?
Samfiru Tumarkin LLP has helped thousands of non-unionized employees in Alberta understand their rights and secure fair termination and severance pay in Alberta.
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Frequently Asked Questions
Is Termination Pay the Same as Severance Pay in Alberta?
No. Termination pay is a basic legal entitlement. Severance pay refers to additional compensation based on factors like long service, age, or position.
Is Termination Pay Calculated in Alberta?
Under the ESC, it’s 1-8 weeks depending on how long you’ve worked. Under common law, it can be up to 24 months of pay.
Do I Get Termination Pay If I Quit?
No, unless you were constructively dismissed or forced to resign unfairly.
What If My Employer Says I Was Fired For Cause?
Many “just cause” terminations are invalid, and you still likely qualify for full severance pay. Contact us for a full case review.