Wrongful Dismissal in Alberta
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If you've worked for a federally regulated employer for 12 months or more, you have strong protections against being fired without a good reason.
Notice of termination depends on how long you've worked:
- 3 months to 3 years: 2 weeks' notice
- 3 to 8 years: graduated up to 8 weeks
- 8+ years: 8 weeks' notice
Severance pay (after 12+ months): the greater of 2 days' wages per year of service or 5 days' wages.
You can also file an unjust dismissal complaint under section 240, which can result in reinstatement to your job and back pay.
When does it apply?
- You work for a federally regulated employer.
- 3+ months of service for notice rights.
- 12+ months of continuous service for severance pay and unjust dismissal protection.
- Not available to managers or workers covered by a collective agreement (union contract).
What to Do If You Were Wrongfully Dismissed by a Canadian Employer
- File your complaint within 90 days of being dismissed — this deadline is strict and cannot be extended.
- Keep your termination letter and Record of Employment (ROE).
- Request written reasons for your dismissal — your employer must provide them within 15 days of your request.
What should you NOT do?
- Don't sign a release or settlement without fully understanding what rights you're giving up. Consider getting legal advice first.
- Don't miss the 90-day deadline — once it passes, you lose your right to file.
- Don't assume any reason is just cause. The law sets a high bar for employers to prove they had a good reason to fire you.
How Alberta differs from federal law
Alberta provides two layers of termination protection: statutory minimums under the Employment Standards Code and additional common law reasonable notice.
- Under the Employment Standards Code, if you have been employed for 90 days or more, your employer must give you written notice or termination pay: 1 week (3 months to 2 years of service), 2 weeks (2 to 4 years), 4 weeks (4 to 6 years), 5 weeks (6 to 8 years), 6 weeks (8 to 10 years), or 8 weeks (10+ years).
- Alberta does not have statutory severance pay on top of termination pay — unlike Ontario, there is no separate severance entitlement in the Employment Standards Code.
- The common law (court-developed rules) often awards much more than the statutory minimums. Alberta courts regularly award reasonable notice of up to 24 months, depending on age, length of service, position, and availability of similar work (the Bardal factors).
- Employers can dismiss you without notice only for just cause — serious misconduct such as theft, violence, or repeated willful disobedience. The employer bears the burden of proving just cause.
- Your employer cannot fire you for filing an employment standards complaint, refusing dangerous work, taking maternity or parental leave, or exercising other statutory rights.
Additional Steps in Alberta
For statutory complaints (termination pay, reprisal), file with Alberta Employment Standards within 6 months of your last day of employment. For common law wrongful dismissal (seeking damages beyond statutory minimums), you must sue in court — the Alberta Court of King's Bench handles these claims. The limitation period for a wrongful dismissal lawsuit is 2 years from the date of termination. The Law Society of Alberta Lawyer Referral Service (1-800-661-1095) provides referrals for consultations.
Relevant Law: Employment Standards Code, RSA 2000, c. E-9, ss. 54–66 (Termination of Employment); Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC), applied in Alberta
Common Questions
When does wrongful dismissal apply?
You work for a federally regulated employer.3+ months of service for notice rights.12+ months of continuous service for severance pay and unjust dismissal protection.Not available to managers or workers covered by a collective agreement (union contract).
What should I do if I think my Canadian employer fired me without just cause?
File your complaint within 90 days of being dismissed — this deadline is strict and cannot be extended.Keep your termination letter and Record of Employment (ROE).Request written reasons for your dismissal — your employer must provide them within 15 days of your request.
What mistakes should I avoid with wrongful dismissal?
Don't sign a release or settlement without fully understanding what rights you're giving up. Consider getting legal advice first.Don't miss the 90-day deadline — once it passes, you lose your right to file.Don't assume any reason is just cause. The law sets a high bar for employers to prove they had a good reason to fire you.
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