McLennan Ross describes a large labour and employment practice. It generally acts for employers, so you should ask any firm which side it represents. This guide is our own general overview.
A termination letter arrives with a deadline and a release to sign. Before you sign, it helps to know how Alberta treats notice, what counts as just cause and how much your package should look like.
Two layers of protection
The Employment Standards Code sets minimum notice or pay in lieu of notice, which grows with length of service. On top of that, common law can give a dismissed employee reasonable notice, often more than the statutory minimum, based on factors such as age, length of service, role and the availability of similar work.
Employment contracts can limit these rights, but only if they are drafted carefully and comply with the law.
Just cause
Dismissal for cause is a high bar. Employers generally need to show serious misconduct or another reason that goes to the heart of the employment relationship. If you were told there is cause, get the reason in writing and seek advice before responding.
If there is no cause, the employer owes notice or pay in lieu.
Before you sign
Read the release carefully, since it usually ends any further claim. Check whether benefits, bonuses and pension are addressed, ask for time to get advice and keep records of your job search. Human rights complaints have their own deadlines and process.
If you have been terminated
- Ask for the termination reason in writing.
- Do not sign the release the same day. Ask for a reasonable time to get advice.
- Gather your contract, pay records, reviews and benefits information.
- Keep a record of your job search.
Firm spotlight: McLennan Ross LLP
McLennan Ross was founded in Edmonton in 1903 and opened a Yellowknife office in 1999, building what it describes as the largest labour and employment practice in the Northwest Territories. It has more than 100 lawyers in Edmonton, Calgary and Yellowknife. See the full McLennan Ross LLP profile. Read more from McLennan Ross’ website.
Frequently asked questions
Is there a minimum termination notice in Alberta?
Yes, under the Employment Standards Code, and it increases with length of service.
Can I get more than the minimum?
Often yes, because common law reasonable notice can be higher than the statutory minimum.
What is just cause?
Serious misconduct or another reason that justifies dismissal without notice, which employers must prove.
Should I sign the release right away?
No. Ask for time and get advice, since it ends further claims.
Does the firm act for employees or employers?
Ask any firm before you retain it, since many act mainly for one side.
General information for readers in Alberta, not legal advice for any specific situation. Laws, thresholds and deadlines change, so confirm current rules with a lawyer before relying on anything above. LawDB is an independent directory and is not affiliated with McLennan Ross LLP; firm details come from the firm’s own published descriptions and public listings.
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