Alberta Termination Pay – What You’re Owed When Let Go
If you’ve been terminated in Alberta, you may be entitled to termination pay. This payment is guaranteed under the Employment Standards Code (ESC) 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.
What Is Termination Pay in Alberta?
Termination pay is money your employer must pay if they end your employment without giving enough written notice. If they want you to leave right away, they must pay you instead – this is called pay in lieu of notice.
This is different from severance pay and applies to all non-unionized employees in Alberta.
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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 notice – 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 a 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 differences between termination and 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.
Once you sign off on an offer or package, you lose your right to get what you are actually owed → You can ask for an extension on the offer deadline.
FAQs – Alberta Termination Pay
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.
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.
- ✔️ Over 50,000 clients helped across Canada
- ✔️ Millions recovered in severance pay
- ✔️ No win, no fee option available (where applicable)
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- ✔️ Named one of Canada’s Best Law Firms by The Globe and Mail
Trusted By Thousands, Respected Nationwide
With unmatched experience in employment law – and a reputation built on results – we’re the team Canadians rely on when their job or financial future is at stake.
Consult your union representative regarding termination, severance pay, and other workplace issues. These matters are governed by your collective bargaining agreement. By law, an employment lawyers can’t represent unionized employees in these matters.
About the Author
Lior Samfiru
Lior Samfiru is a Founding Partner at Samfiru Tumarkin LLP and the Practice Leader of the firm’s Labour & Employment Law Group. Known for his advocacy and success representing both employees and employers, Lior exclusively serves clients in Ontario, where his extensive experience has made him one of Canada’s most sought-after employment lawyers.
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