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I Was Fired Without Cause in Alberta — What Are My Rights?

Short answer

If you were fired without cause in Alberta, your employer generally must provide:

You may be entitled to more than the Alberta Employment Standards Code minimum. If your employment contract does not clearly and validly limit your entitlement, you may have a claim for common-law reasonable notice, which can be substantially longer than the statutory minimum. (Machtinger v. HOJ Industries Ltd., [1992] 1 SCR 986, 1992 CanLII 102 (SCC); Holm v AGAT Laboratories Ltd, 2018 ABCA 23 (CanLII), [21], [29]; Bryant v Parkland School Division, 2022 ABCA 220 (CanLII), [14])

What “without cause” means in plain language

A without-cause termination means the employer ends the employment without relying on serious misconduct or another legal justification for dismissing the employee immediately.

The employer may still end the employment, but it generally must provide notice, pay in lieu of notice, or both. Alberta’s legislation permits an employer to terminate employment using written notice, termination pay, or a combination of the two. (Employment Standards Code, RSA 2000, c E-9, [s. 56]; Employment standards – Termination and lay-off)

An employer may choose to have you work through some or all of the notice period. Alternatively, it may end your working relationship immediately and pay termination pay for the required period. (Employment standards – Termination and lay-off)

Alberta’s statutory minimum notice periods

Under Alberta’s Employment Standards Code, the minimum employer notice is:

  • 1 week if you worked more than 90 days but less than 2 years;

  • 2 weeks if you worked 2 years or more but less than 4 years;

  • 4 weeks if you worked 4 years or more but less than 6 years;

  • 5 weeks if you worked 6 years or more but less than 8 years;

  • 6 weeks if you worked 8 years or more but less than 10 years; and

  • 8 weeks if you worked 10 years or more. (Employment Standards Code, RSA 2000, c E-9, [s. 56])

These are minimum entitlements. They are not automatically the full amount an employee may be entitled to receive.

When common-law reasonable notice may apply

Employment contracts are generally presumed to include an obligation to provide reasonable notice of termination. That presumption can be displaced only by clear and enforceable contractual wording. (Machtinger v. HOJ Industries Ltd.; Bryant v Parkland School Division, [14])

Common-law reasonable notice is assessed case by case. The relevant factors include:

This means that an employee with a short statutory entitlement may still have a longer reasonable-notice claim if the contract does not validly limit that right.

Why the employment contract matters

A termination clause may limit an employee’s entitlement to the statutory minimum, but the wording must be clear and unambiguous.

For example, a clause requiring notice “in accordance with” provincial legislation did not clearly create a ceiling limiting the employee to the statutory minimum. The Alberta Court of Appeal held that the wording established a statutory floor rather than excluding common-law reasonable notice. (Holm v AGAT Laboratories Ltd, [22])

Similarly, a clause providing “sixty (60) days or more” did not clearly fix the maximum entitlement at 60 days. The employees remained entitled to reasonable notice under the common law. (Bryant v Parkland School Division, [16])

A contract that provides less than the statutory minimum may also be invalid to that extent. In Machtinger v. HOJ Industries Ltd., the Supreme Court of Canada held that contractual provisions providing less than the applicable employment standards minimum were null and void, leaving the employees’ common-law notice rights intact. (Machtinger v. HOJ Industries Ltd.)

What may be included in a termination claim

The value of a termination claim may include more than base salary. Depending on the contract and compensation arrangements, potential losses may include:

In Matthews v. Ocean Nutrition Canada Ltd., the Supreme Court of Canada held that wrongful-dismissal damages may include income, benefits, and bonuses the employee would have received during the reasonable-notice period, unless the contract or compensation plan clearly removes that entitlement. (Matthews v. Ocean Nutrition Canada Ltd., [49], [52])

A benefit or bonus may therefore remain relevant even if it was not paid on the termination date, particularly where it would have been earned or vested during the reasonable-notice period. (Matthews v. Ocean Nutrition Canada Ltd., [56]; McElgunn v Vermilion Energy Inc, 2026 ABKB 188 (CanLII), [29])

Vacation pay and final earnings

When employment ends, the employer must pay outstanding earnings within either:

Employees may also be entitled to unpaid vacation pay. Alberta’s rules require vacation pay to be paid when employment terminates, and employers generally cannot require employees to use vacation during the termination notice period unless both parties agree. (Employment standards rules – Vacations and vacation pay)

The amount in the termination letter may not be the full entitlement

An employer’s termination letter may offer only the statutory minimum or may calculate compensation under a termination clause.

That amount is not necessarily the employee’s complete legal entitlement. The contract must be reviewed to determine whether the termination clause is enforceable and whether common-law reasonable notice has been excluded. (Holm v AGAT Laboratories Ltd, [21]; Bryant v Parkland School Division, [14])

The calculation should also consider compensation that would have continued during the notice period, including benefits, bonuses, commissions, pension contributions, and other contractual compensation. (Matthews v. Ocean Nutrition Canada Ltd., [49], [52])

Be cautious before signing a severance package

A severance offer may require the employee to sign a release. A release can potentially waive claims arising from the termination.

In Blackmore v. Cablenet Ltd., 1994 CanLII 9078 (AB QB), the court considered a release that covered claims arising from termination, including notice and severance rights. The release was set aside after the court found substantial unfairness and an imbalance in bargaining power. (Blackmore v. Cablenet Ltd., [28])

Before signing, compare the offer with:

  • the statutory minimum;

  • the possible common-law notice period;

  • the wording of the employment contract;

  • lost benefits and incentive compensation; and

  • any release or waiver language.

What this means practically

After a without-cause termination, preserve:

  • the employment contract and amendments;

  • the termination letter;

  • recent pay statements;

  • bonus, commission, and equity-plan documents;

  • benefits and pension information;

  • vacation records; and

  • written communications about the termination.

The key questions are usually whether the termination clause is enforceable, what reasonable notice would apply, and which elements of compensation would have continued during that period.

Berjak Law handles employment law matters in Edmonton and across Alberta.

Berjak Law

10080 Jasper Avenue, Suite 301
Edmonton, Alberta

780-879-0200

This article is general information about Alberta employment law, not legal advice, and does not create a solicitor-client relationship. Employment entitlements depend heavily on your specific contract and circumstances, and the law changes over time. Deadlines apply to employment claims. If you have received a severance offer or termination letter, speak with a lawyer before signing anything.

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