How to Terminate an Employee in Alberta: An Employer’s Guide
Updated: Oct 7
Terminating an employee is one of the hardest things a business owner or manager has to do. This guide is up to date as of October 2026.
It’s also one of those situations where how you do it matters.
Whether you're terminating someone because the role is no longer needed, the employee isn't the right fit, or there are serious performance or conduct concerns, employers in Alberta need to think about more than simply telling someone their employment is over.
There are employment standards requirements, employment contracts, potential common-law obligations, human rights considerations, final pay requirements and, of course, the actual termination conversation.
This guide walks Alberta employers through the process from start to finish.
Quick note: This article provides general HR information, not legal advice. Termination entitlements can depend heavily on the employee's contract and individual circumstances. For higher-risk or complex terminations, get HR and/or employment-law advice before proceeding.
Table of Contents
Can You Terminate an Employee in Alberta?
Generally, yes.
In most circumstances, an Alberta employer can end an employment relationship without cause, provided the employee receives the notice, termination pay or combination of the two that they are legally entitled to receive.
You don't necessarily need to prove the employee did something wrong.
Businesses terminate employment for all kinds of legitimate reasons, including:
restructuring;
eliminating a position;
changing business needs;
lack of work;
performance concerns;
lack of fit; or
simply deciding that the employment relationship should end.
However, that doesn't mean an employer can terminate someone for any reason whatsoever.
For example, an employer cannot terminate someone because of a protected characteristic under Alberta human rights legislation. Human rights considerations become particularly important when disability, pregnancy, family status, religious beliefs or an accommodation request may be connected to the decision.
That's why the first question shouldn't just be:
"Can we fire this person?"
It should be:
"What is the appropriate and lowest-risk way to end this employment relationship?"
Termination With Cause vs. Without Cause
This distinction is important.
Termination without cause
A without-cause termination means the employer is ending the employment relationship without alleging that the employee committed misconduct serious enough to justify immediate dismissal without notice or pay.
The employee is provided whatever notice or compensation they are legally entitled to.
For many employers, this is the cleaner route when an employee simply isn't working out.
Termination for just cause
Just cause is different.
An employer alleging just cause is essentially saying the employee's conduct was serious enough that the employment relationship can end without termination notice or termination pay under Alberta Employment Standards.
Alberta identifies examples that can potentially support just cause, including theft, fraud, serious insubordination, sexual harassment, willful disobedience and serious incompetence. Chronic absenteeism or lateness may also potentially contribute to just cause depending on the circumstances.
But putting "terminated for cause" on a letter doesn't make it so.
The employer has the burden of demonstrating that just cause existed.
Context matters enormously.
One performance mistake usually isn't the same thing as repeated performance problems after coaching, warnings and opportunities to improve. And some misconduct may be serious enough to warrant immediate dismissal while other misconduct may require progressive discipline first.
If you're considering a termination for cause, this is a good time to involve an employment lawyer before making the final decision. If you don't have one, contact us and we can put you in touch with our preferred employment lawyers.
How Much Termination Notice or Pay Is Required in Alberta?
For employees covered by Alberta's Employment Standards Code, the minimum employer notice requirements generally depend on length of service.
Length of employment | Minimum notice |
90 days or less | No notice required |
More than 90 days but less than 2 years | 1 week |
2 years but less than 4 years | 2 weeks |
4 years but less than 6 years | 4 weeks |
6 years but less than 8 years | 5 weeks |
8 years but less than 10 years | 6 weeks |
10 years or more | 8 weeks |
Employers can generally provide:
working notice;
termination pay instead of notice; or
a combination of working notice and termination pay.
There are exceptions to the notice requirements, including certain employees who have worked 90 days or less and some seasonal or task-specific employment arrangements.
But there is a very important catch.
Employment Standards Minimums Aren't Always the Whole Story
One of the most common mistakes we see small employers make is assuming:
"They've worked here for three years, so Alberta says two weeks. I'll give them two weeks and I'm done."
Not necessarily.
Alberta Employment Standards establishes minimum statutory requirements.
An employee may potentially be entitled to more under their employment contract or under common law. Alberta itself specifically notes that terminated employees may be entitled to more than the Employment Standards minimum and that these additional amounts are often referred to as severance.
Common-law reasonable notice can depend on the employee's individual circumstances.
This is one of the reasons the employment contract matters so much.
Check the Employment Contract
Before deciding what you're going to offer, pull out the employee's signed employment agreement.
Look specifically at the termination clause.
A properly drafted and enforceable termination clause may define the employee's entitlement when the employer ends employment without cause.
But don't assume that because a termination clause exists, it automatically does what you think it does.
Employment-law decisions evolve, and poorly drafted or outdated clauses can create significant risk.
If there is:
no written employment agreement;
no termination clause;
an old contract;
a clause you're unsure about; or
a significant difference between the contractual amount and what the employee might otherwise claim,
have an employment lawyer review it before relying on the clause.
Check for Human Rights and Other Risks
Before finalizing the termination, stop and ask whether there is anything about the employee's circumstances that could create additional risk.
For example:
Is the employee pregnant?
Are they currently on or returning from a medical leave?
Have they disclosed a disability?
Have they recently requested accommodation?
Are attendance or performance concerns potentially connected to a disability?
Have they recently raised a discrimination or harassment complaint?
Is another protected ground potentially connected to the decision?
The Alberta Human Rights Act prohibits termination where a protected ground forms part of the reason for the termination unless the employer can establish an applicable legal justification. Employers also have a duty to accommodate protected needs to the point of undue hardship.
That doesn't mean an employee who has a disability, is pregnant or requested accommodation can never be terminated.
It means you need to be very careful that the termination isn't discriminatory and that applicable accommodation obligations have been met.
For example, the Alberta Human Rights Commission specifically warns employers not to simply discipline or terminate an employee based on an absence record when disability may be involved.
If you're thinking:
"This one feels complicated…"
it probably deserves a second set of eyes before you proceed.
Review the Employee File
Before a termination meeting is scheduled, review the file.
Depending on the situation, look at:
employment agreement;
job description;
performance reviews;
previous coaching conversations;
written warnings;
attendance records;
accommodation documentation;
complaints or investigations;
relevant policies;
compensation;
vacation balance;
commissions or bonuses;
benefits;
company property; and
confidentiality, non-solicitation or other continuing obligations.
If performance is part of the reason, ask yourself a simple question:
Would someone reading this file understand why we're making this decision?
If the answer is no, that doesn't automatically mean you can't terminate without cause.
But it may tell you something about the quality of your performance-management practices.
Calculate Termination Pay and Final Earnings
Before the meeting, know exactly what the employee will receive.
Under Alberta Employment Standards, termination pay must be at least what the employee would have earned from their regular hours during the applicable statutory notice period. Special averaging rules apply where wages vary.
Final earnings can include amounts such as:
outstanding regular wages;
overtime owing;
banked overtime;
vacation pay;
general holiday pay owing; and
termination pay.
Alberta currently gives employers two options for the timing of final earnings. They must be paid either within 10 calendar days after the end of the pay period in which the termination occurred, or within 31 calendar days after the employee's last day of employment. The employer can choose the option that works best.
Don't wait until after the termination meeting to figure this out.
Prepare the Termination Letter
The employee should leave the meeting with clear written information.
Depending on the circumstances, the termination letter may cover:
effective date;
whether the termination is with or without cause;
termination notice/pay;
additional severance, if applicable;
outstanding vacation or other earnings;
benefits information;
return of company property;
confidentiality obligations;
release terms, where applicable; and
who the employee should contact with questions.
Keep it clear.
A termination letter is generally not the place to write a four-page history of every frustration you've ever had with the employee.
Plan the Termination Meeting
Don't improvise this part five minutes beforehand.
Decide:
Who will attend?
Usually the manager and an HR representative or another appropriate witness.
When will it happen?
Choose a time that allows the meeting to happen privately and gives you enough time afterward to deal with access, property and questions.
Where will it happen?
Somewhere private.
What needs to happen immediately afterward?
Think about keys, equipment, system access, email, passwords, client files and confidential information.
How will the employee get home?
If they're highly emotional, don't simply send them out to drive without considering whether they need a few minutes, a ride or another reasonable arrangement.
Prepare for the practical side before you start the conversation.
What Should You Say During a Termination?
Shorter is usually better.
For a straightforward without-cause termination, the conversation might sound something like:
"We've made the decision to end your employment with ABC Company effective today. This is a final decision. I know this is difficult news. I have a letter here that explains the details of your termination package and what happens next, and we'll walk you through it."
Then stop.
Let the employee process what you've said.
You don't need to fill every uncomfortable silence.
And avoid turning the meeting into a debate about the entire history of the employment relationship.
Be respectful. Be clear. Be human.
But don't be ambiguous about whether the decision has been made.
What Happens After the Meeting?
There are still several things to wrap up.
Depending on the employee and your business, you may need to:
collect company property;
deactivate system access;
transfer files or client responsibilities;
notify payroll and benefits providers;
issue the Record of Employment;
process final earnings;
communicate the departure internally;
communicate with affected clients or vendors; and
retain appropriate documentation.
Be thoughtful about the internal announcement.
Your remaining employees generally don't need the details.
Something simple like:
"Jane is no longer with ABC Company. We thank her for her contributions and wish her well. Going forward, please direct questions regarding her accounts to Sam."
is usually much more appropriate than explaining why someone was terminated.
Common Termination Mistakes
1. Terminating in anger
The employee does something frustrating and the manager immediately says, "You're fired."
Take the time to assess the situation first.
2. Assuming Employment Standards is the maximum entitlement
It isn't necessarily. Statutory minimum notice and an employee's full legal entitlement can be different.
3. Claiming cause when the evidence doesn't support it
Cause is a high-risk area. Don't use it simply because you don't want to pay termination compensation.
4. Ignoring human rights considerations
Performance, attendance and behaviour issues can sometimes overlap with disability or another protected ground. Investigate that possibility before making the decision.
5. Surprising someone with performance concerns
If the employee is being terminated after months of performance problems but their last review says they're doing wonderfully, you've created an unnecessary problem.
6. Talking too much during the meeting
Managers often get uncomfortable and start explaining, defending and negotiating.
You don't need to.
7. Being unnecessarily cold
Terminations are business decisions involving human beings.
You can be clear and compassionate at the same time.
When Should You Get Help?
Not every termination needs to become a legal project.
But consider getting HR and/or employment-law advice when:
you're considering just cause;
there's no employment contract;
you're unsure whether the termination clause is enforceable;
the employee is on medical or another protected leave;
disability or accommodation may be involved;
the employee recently made a complaint;
the employee is pregnant or recently returned from pregnancy/parental leave;
the employee has very long service;
the employee holds a senior position;
significant compensation is involved;
you're concerned the employee may litigate; or
something about the situation simply doesn't feel straightforward.
Spending a little time getting the termination right can be considerably less expensive than trying to fix one that went badly.
Alberta Employer Termination Checklist
Before the termination:
☐ Confirm whether termination will be with or without cause
☐ Review the employment agreement and termination clause
☐ Review the employee's length of service
☐ Review performance/discipline documentation where relevant
☐ Check for human rights or accommodation concerns
☐ Determine statutory notice/pay requirements
☐ Consider contractual and potential common-law entitlements
☐ Calculate outstanding wages, vacation and other earnings
☐ Prepare the termination letter
☐ Determine whether legal review is appropriate
☐ Plan who will attend the meeting
☐ Plan system-access removal and property return
☐ Prepare internal/client communications if needed
After the termination:
☐ Collect company property
☐ Remove system and building access
☐ Notify payroll/benefits
☐ Process final earnings within the required timeline
☐ Issue the Record of Employment
☐ Communicate the departure appropriately
☐ Document the meeting
☐ Secure the employee file
Want a full checklist? Check out our store for the most up to date copy.
Need Help Terminating an Employee in Alberta?
You don't have to navigate a difficult termination alone.
A&A Consulting supports Alberta employers with termination planning, documentation, performance management, employee relations and the practical HR steps that come before and after the termination meeting.
For higher-risk matters requiring legal advice, we can also help employers identify when employment-law counsel should be involved.
How Healthy Is Your HR?
Use our free 20-point HR Readiness Checklist to see what's working, identify potential gaps, and decide what to prioritize next.
Disclaimer: This article provides general information for Alberta employers and is not legal advice. Employment standards, human rights requirements, employment contracts and common-law obligations can all affect an employee's termination entitlements. Employers should obtain advice appropriate to their specific circumstances.
