Summary: Forced to Retire in Alberta
Is there a mandatory retirement age in Alberta? No.
With very few exceptions for high-risk safety roles, an employer can’t legally force an employee to retire simply because they have reached age 65 or any other milestone. In most cases, a forced retirement is considered age discrimination and a form of constructive or wrongful dismissal.
Know Your Rights. Protect Your Legacy.
Reaching “retirement age” in Alberta does not give your employer the right to end your career without compensation. Our specialized Alberta team ensures that older workers are treated with the respect the law requires — and receive the severance they have earned.
On This Page:
Forced Retirement Law
Age Discrimination
Constructive Dismissal
Severance Payouts
Retirement Ultimatums
Legal Consultation
Can a Company Force You to Retire in Alberta?
Many employees ask, “can a company force you to retire?” The short answer is no. Mandatory retirement was abolished in Alberta and across most of Canada years ago. While you may be eligible for retirement in Alberta (such as collecting CPP or private pensions) at age 60 or 65, the decision to actually stop working rests entirely with you.
Unless your employment contract contains a very rare and specific “Bona Fide Occupational Requirement” (usually reserved for high-risk roles like firefighters or pilots), your employer can’t terminate your employment based on your age. If they do, it is legally viewed as a termination of your contract.
Age Discrimination and Retirement Laws
Forcing an employee to leave because they have reached the alberta retirement age is a violation of the Alberta Human Rights Act. Age discrimination in Alberta occurs when an employer makes decisions about your employment — including hiring, firing, or “suggesting” retirement — based on your age rather than your performance.
Forced Retirement as Constructive Dismissal
Often, an employer won’t fire you directly. Instead, they might use constructive dismissal tactics to make your job so difficult that you feel you have to “retire.” This can include:
- Reducing your responsibilities or demoting you.
- Cutting your pay or bonus eligibility.
- Excluding you from meetings or training provided to younger staff.
In these scenarios, the law treats your “retirement” as a termination, allowing you to pursue full severance.
Severance Payouts for Older Workers
One of the most important things to know about forced retirement in Canada is that older workers are often entitled to the highest levels of severance pay. Under common law, severance pay in Alberta is calculated using the Bardal Factors.
Because it is statistically more difficult for a worker in their 50s or 60s to find a comparable new role, Alberta courts frequently award notice periods of 18 to 24 months of pay for long-tenured employees. If you “voluntarily” retire, you get nothing. If you are forced out, you could be owed hundreds of thousands of dollars.
How to Respond to a “Retirement Ultimatum”
If your manager asks you when you plan to retire in Alberta, or suggests it’s “time for new blood,” follow these steps:
- Do Not Agree: You are under no obligation to provide a retirement date.
- Document the Conversation: Write down exactly what was said, when, and who was present.
- State Your Intent: If you plan to keep working, state clearly (in writing, if possible) that you have no plans to retire.
- Do Not Sign Anything: If you are handed a “retirement agreement” or a release, do not sign it on the spot.
Get a Legal Consultation
If you are facing pressure to retire in Alberta, or if you believe you have been targeted due to your age, the Alberta employment law team at Samfiru Tumarkin LLP can help. We specialize in protecting the rights and financial security of experienced workers.