Employment Law

Can employers in Alberta fire workers for getting married?

A photo of gold rings on a table. (Photo: Sandy Millar / Unsplash)

In Alberta, employers can’t fire non-unionized workers because they got married.

Since martial status is a protected characteristic under provincial and federal human rights legislation, it would be discriminatory for a company to let an individual go for tying the knot — making the termination illegal.

However, non-unionized employees can be fired for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

SEE ALSO
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WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.


If you believe marriage was a factor in your dismissal, contact an experienced Alberta employment lawyer at Samfiru Tumarkin LLP immediately.

We can review your situation, assess your legal options, and help you secure the compensation you deserve.

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How is severance pay calculated?

Severance for non-unionized employees in Alberta can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

  • Age
  • Length of service
  • Position at the company
  • Ability to find new work

However, there are some situations where non-unionized workers in Alberta could be owed more than 24 months of severance pay.

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Should I negotiate my own severance package in Alberta?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers

Am I owed more severance if I’m fired for getting married?

It’s unlikely that non-unionized employees in Alberta would be entitled to a larger severance package if they are fired for getting married.

However, workers could be owed additional compensation (i.e. human rights damages) for the discrimination that they experienced at the end of their employment.

Filing a human rights complaint

If you are fired or let go for getting married, or unwanted changes are made to your role, reach out to our firm. We can determine if you have grounds for a human rights complaint.

The Alberta Human Rights Commission is responsible for dealing with complaints pertaining to the province’s Human Rights Act.

Successful human rights complaints can result in compensation for individuals who experienced discrimination in the workplace or at the end of their employment.

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My employer is pressuring me to sign my severance offer immediately, what should I do?

A common misconception is that non-unionized workers in Alberta need to accept their employer’s severance offer as soon as possible.

If you receive a severance offer from your boss, don’t sign anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

The company can’t legally force you to accept it before leaving a termination meeting or a few days after it was provided to you.

In some cases, employers try to add:

  • A termination clause that limits the amount of severance pay you can receive.
  • Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry.

As long as you didn’t accept the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance pay.

In addition to severance, we can determine if you are owed compensation for any discrimination that you experienced at the end of your employment.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
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My employer won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. If you are fired without cause in Alberta, your employer must provide you the minimum amount of severance pay that you are owed under provincial or federal employment standards legislation.

If your boss refuses to provide you any severance because you turned down their offer or tried to negotiate more compensation, it’s very likely that you have grounds for a wrongful dismissal claim.

Can my employer punish me for getting married?

Employers in Alberta can’t punish, or threaten to punish, non-unionized employees for asserting their workplace or human rights.

If you are punished for getting married (i.e. the company fires you for tying the knot, makes changes to your job, etc.), this would be a human rights violation and likely a reprisal.

In this situation, you should contact our firm as soon as possible.

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Can my employer make major changes to my job after getting married?

Non-unionized workers in Alberta don’t have to accept significant adjustments to the terms of their employment.

Major modifications, such as a demotion, pay cut, or workload increase, are illegal in the province.

If unwanted changes are made to your job after getting married, or for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can determine if you have grounds for a constructive dismissal claim, which would allow you to resign and pursue full severance pay.

ADDITIONAL RESOURCES
Changes to your job in B.C.: What employees need to know
What Ontarians need to know about changes to their job
Employment Law Show: What to know about changes to your job

Can employers pressure staff to quit after getting married?

No matter how upset your employer is that you got married, the company can’t pressure or force you to resign.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before seeking legal counsel — you might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with a member of our team as soon as possible.

In addition to severance pay, we can help you obtain compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Lost your job? Speak with an employment lawyer

If you are fired or let go for getting married, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Alberta, B.C., and Ontario have secured favourable outcomes for tens of thousands of non-unionized employees.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are legally entitled to.

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