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Alberta Termination Notice Requirements

If there is no reasonable notice and you have been employed by a particular employer for three or more consecutive months, you are entitled to a minimum amount under the Alberta Employment Standards Code. The employer may not want its employee to set a notice period. In this case, they may pay the employee compensation equal to the amount that the employee would have earned if the employee had complied with the required notice period. For more information on what constitutes a just cause for dismissal, see the Employment Standards Section – Fact Sheet on Just Cause. Hosting can take many forms. If an employee requires accommodation, the employer should conduct an accommodation process that identifies the employee`s needs and the steps the employer can take to accommodate the employee. This may include job changes, workplace changes, or references to employee support programs. You can learn more about the duty to accommodate and undue hardship. In some situations, it is unlikely that termination can be justified. For example, after hiring a new supervisor, a person`s employment relationship ended. Later, the employer investigated and learned that the reason for the dismissal was clearly based on race. In this case, the dismissal would be considered discriminatory. Contact Employment Standards at 1-877-427-3731 if you have not received the appropriate notice or paid in lieu of the notice.

Note: A termination is a legal document. You may need it if the employee files a lawsuit for unlawful dismissal. Think carefully about the content of your letter. See the sample note below. An employer may combine the dismissal (which the employee prepares) and the payment instead of the dismissal to form the required notice period. If you provide your employer with the required written notice, your employer must pay your wages and any other amounts due within 3 days of the last day of your employment. If you do not provide the required notice, your employer must pay you within 10 days of the date the termination should have occurred. For example, if you worked for your employer for 1 year and left your job on January 1 without proper written notice, your employer will not have to pay you for 24 days. The 24 days include the required notice period of 14 days plus the 10 days that the employer must pay without notice. If you are dismissed without giving reasons, Alberta`s Employment Standards Code states that your employer must notify you that you will be dismissed (unless you fall under an exception).

This post is meant to give you time to find a new job. The Code sets out the minimum of what you are entitled to in the event of termination. You may also be entitled to higher notice (reasonable notice) or severance pay under customary law (judicial law). You should seek legal advice if you are fired and, most importantly, before you sign a release form for severance pay. Even if the written employment contract provides for termination or payment in lieu of termination, it may be useful to have the agreement reviewed by an employment lawyer to determine whether it is enforceable. An employment contract must comply with employment standards legislation. This topic deals with termination under the Alberta Employment Standards Code and its regulations. Most employers and employees in Alberta have their labour relations governed by law. The exception is when the employment relationship is governed by a contract or by unions that have negotiated a collective agreement. The terms and conditions of the contract govern this employment relationship. An employer must notify his employee at least in writing: The following table indicates the minimum amount of severance or severance pay instead of the termination required under § 63 when an employer terminates an employee`s employment relationship: termination is simply the end of the employment relationship. However, in some circumstances, it may not be entirely clear whether a termination has occurred or when the effective date of the termination is.

The amount of the minimum dismissal under the Code depends on how long you worked for your employer: employers are prohibited from requiring employees to claim rights such as leave or overtime during the notice period, unless both parties have agreed. A notice period is not required for seasonal or task-specific employment. For more information, call Employment Standards toll-free at 1-877-427-3731 province-wide or visit the Government of Alberta`s website at www.work.alberta.ca/employment-standards.html. To be eligible for severance pay or dismissal, an employee must have worked for the employer for at least three consecutive months. This section deals with dismissal under the Alberta Employment Standards Code and its regulations (the “CES”). Most employers and employees in Alberta have their employment relationship regulated by the CES. The ESC offers minimum standards. Depending on your employment contract, you may be entitled to more than the minimum standards.

Your employer will send you a written recall notice. The notification states that you must return to work within 7 days of receiving the notification. If you do not return to work within 7 days, your employer may terminate your employment without notice or pay a termination fee. An employer is not required to issue a dismissal if there is just cause for the dismissal of an employee. For employees who have been with a company for a decade or more, the minimum notice period can be several months. If a reasonable period of notice is not possible, instead of dismissal, the employer must make a payment, often referred to as “severance pay” or (more precisely, because it should be more than just a salary) a “severance pay”. A dismissal is null and void if the employee continues to be employed by the same employer after the date scheduled for the end of the employment relationship. In general, an employer has the right to terminate an employee`s employment relationship at any time, provided that it provides the necessary notice period or paid remuneration. For example, if you worked for the same employer for 3 years, your employer may give you 2 weeks` notice and you would work the 2 weeks, or the employer may ask you to leave immediately and pay you for the 2 weeks instead.

In a situation where a new business owner takes over, it is assumed that the period of employment will continue. Note that the above amounts represent the minimum amounts to which you are entitled under labour law. These are legal requirements that do not take into account other factors such as age, health and the availability of alternative workplaces. Your employer has the right to terminate your employment without giving reasons, as long as it is not discriminatory and certain other requirements are met, as outlined in the Alberta Code of Labour Standards. If an employer intends to terminate the employment relationship of 50 or more employees in a single location within 4 weeks, the employer must notify the Minister of Labour and Immigration in writing for at least 4 weeks. Often, employers provide severance pay because it can be uncomfortable for the employee, employer and other employees if the employee is working during the notice period. Your employer may give you severance pay for the same period instead of a notice period at work or a mix of salary and dismissal. The dismissal obligations provided for by law do not apply to employees who have voluntarily withdrawn from their employment relationship.

Although it sounds simple enough, the question often arises as to whether an employee has actually been fired or not by the employer. If in doubt, call a lawyer. When it comes to termination for cause, it is best to consult a lawyer before terminating the termination. In the event of termination of employment, an employee is entitled to dismissal or payment in lieu of dismissal. Employers must be aware of their obligations. Failure to meet minimum termination standards under the Employment Standards Act may result in further increased damages against you. Employees are not required to resign if: If you continue to work for your employer after the date you should be, the termination of employment is no longer effective. You need to stay up to date on these details. If an employee continues to work beyond the end of the notice period, the previous termination is considered null and void and the employment relationship remains in place. To meet the obligations under the law, you will need to provide a new dismissal or payment instead of a dismissal to dismiss an employee who has worked beyond a notice period. Finally, after the proper termination of the hours of work, you are prohibited from changing the employee`s salary or any other condition or condition of employment without the written consent of the employee or a union representing the employee if the employment is governed by a collective agreement. .