Alberta has the highest employment rate of any Canadian province — reaching 64.1% in late 2024, compared to the national rate of 60.6% — reflecting one of the most active and diverse labour markets in the country. Alberta’s workforce spans key sectors including energy, technology, healthcare, agriculture, and manufacturing. At DOBRMAN, we provide practical employment law counsel to both employers and employees in Alberta — helping structure compliant employment relationships from the outset and helping to navigate the situation when the employment relationship breaks down.
The distinction between employees and independent contractors. One of the most consequential employment law determinations an Alberta business makes is whether a worker is engaged as an employee or an independent contractor. The legal distinction between the two has significant implications under Alberta employment law — including obligations relating to minimum employment standards, termination notice, ownership of intellectual property, and vicarious liability. Whether someone is an employee or independent contract depends on the nature of the relationship assessing a multitude of factors, regardless of what the contract is called.
Alberta minimum employment standards. Alberta’s Employment Standards Code establishes the minimum standards that apply to most employment relationships in the province — including minimum wage, hours of work, overtime pay, vacation entitlements, general holiday pay, and termination notice requirements. These minimum employment standards apply to all Alberta employers regardless of what an employment agreement says, and any contractual term that purports to provide less than the statutory minimum is unenforceable under Alberta employment law.
Wrongful dismissal and reasonable notice in Alberta. Under Alberta common law, an employee who is terminated without cause is entitled to reasonable notice of termination — or pay in lieu of notice — beyond the minimums established by the Employment Standards Code. The amount of reasonable notice to which an Alberta employee is entitled depends on factors including length of service, age, position, and the availability of comparable employment.
Constructive dismissal in Alberta. A constructive dismissal in Alberta occurs when an employer makes a fundamental and unilateral change to the terms of an employee’s employment without their consent, potentially including a reduction in hours, the creation of a toxic work environment, or a move from remote to in-person work.
Enforceability of termination clauses in Alberta. Termination clauses that are ambiguous, overbroad, or inconsistent with the Employment Standards Code are vulnerable to being declared void and unenforceable.
Employment Standards Code, RSA 2000, c E-9 — Alberta’s primary provincial employment standards legislation, establishing minimum standards governing wages, hours of work, overtime, vacation, general holidays, leaves of absence, and termination notice and pay for most employees in Alberta.
Alberta Human Rights Act, RSA 2000, c A-25.5 — Prohibits discrimination in employment in Alberta on the basis of protected grounds including race, gender, age, disability, religious beliefs, sexual orientation, and family status, and governs human rights complaints arising from workplace conduct in the province.
Labour Relations Code, RSA 2000, c L-1 — Governs collective bargaining, trade union certification, and labour relations in Alberta, including the rights of employees to organize and the obligations of Alberta employers in unionized workplaces.
Occupational Health and Safety Act, RSA 2000, c O-2 — Establishes the health and safety obligations of employers and workers in Alberta, including requirements relating to workplace hazard assessment, violence and harassment prevention, and the right of workers to refuse unsafe work.
Limitations Act, RSA 2000, c L-12 — Governs the time limits for commencing employment law claims in Alberta, including the general two-year limitation period applicable to bringing a claim.
Wrongful dismissal claims in Alberta. Wrongful dismissal is one of the most common employment law disputes in Alberta. An Alberta employee who is terminated without cause and provided with less notice than they are entitled to may have a wrongful dismissal claim.
Probationary period disputes. Alberta employment law recognizes a probationary period during which an employer may dismiss a new employee without providing the notice otherwise required under the Employment Standards Code. Disputes frequently arise over whether a probationary dismissal was carried out in accordance with Alberta employment standards requirements and whether the employer conducted a genuine assessment of the employee’s performance.
Employee vs. independent contractor misclassification. Alberta businesses that engage workers as independent contractors when the true nature of the relationship is that of employment face significant legal exposure under Alberta employment law — including potential liability for unpaid employment standards entitlements and wrongful dismissal damages. The risk of misclassification is particularly acute in Alberta’s technology, creative, and entertainment sectors where contractor arrangements are common.
Violation of the duty to accommodate. Alberta employers have a legal obligation under the Alberta Human Rights Act to accommodate employees with disabilities, religious beliefs, family status obligations, and other protected characteristics — up to the point of undue hardship. Disputes over whether an Alberta employer has fulfilled its duty to accommodate — including disputes over the adequacy of the accommodation offered, the nature of the employee’s obligation to cooperate in the accommodation process, and what constitutes undue hardship — are a growing area of employment law conflict in the province.
Workplace harassment and human rights complaints. Employees who experience harassment, discrimination, or a poisoned work environment in an Alberta workplace may have claims under the Alberta Human Rights Act and the Occupational Health and Safety Act. Alberta employers have obligations under both statutes to prevent and address workplace harassment and discrimination — and failures to do so can give rise to significant regulatory and legal liability.
Enforceability of non-competition and non-solicitation agreements in Alberta. Non-competition and non-solicitation clauses in Alberta employment agreements are among the most frequently disputed provisions in Canadian employment law. Alberta courts scrutinize restrictive covenants carefully — they must be reasonable in scope, duration, and geographic reach to be enforceable, and courts apply particular scrutiny where there is a significant imbalance of bargaining power between the employer and employee.
What does an employment lawyer do? An employment lawyer assists both employers and employees with the legal aspects of the employment relationship in Alberta — including drafting and reviewing employment agreements, advising on termination and severance obligations under the Employment Standards Code and the common law, assessing wrongful dismissal claims, navigating human rights complaints, and advising on non-competition and non-solicitation obligations. At DOBRMAN, our employment law practice serves both employers and employees in Alberta.
What is the difference between termination for cause and termination without cause in Alberta? Termination for cause in Alberta occurs when an employer dismisses an employee for serious misconduct that justifies immediate dismissal without notice or severance. The legal threshold for just cause in Alberta is high — allegations of just cause require a high level of proof and decisions in this area can be complex.
What factors determine whether I am an employee or an independent contractor in Alberta? The key factors considered in an employee vs. independent contractor analysis under Alberta employment law include the degree of control the hiring party exercises over how and when the work is performed, whether the worker provides their own tools and equipment, whether the worker has the ability to subcontract the work or hire helpers, whether the worker bears a financial risk in the relationship, and whether the worker is paid a salary or invoices the employer. No single factor is determinative.
How much notice am I entitled to if I am terminated without cause in Alberta? The amount of notice required in Alberta depends on the wording of the employment contract, the Employment Standards Code, and common law principles — and notice can be significantly greater than the minimum standards set out in the Code. The Employment Standards Code sets out minimum notice periods based on length of service. The common law reasonable notice entitlement is assessed using the Bardal factors — including the employee’s age, length of service, position, and the availability of comparable employment — and is generally more generous than the statutory minimum.
Does DOBRMAN assist both employers and employees with Alberta employment law matters? Yes. DOBRMAN provides employment law counsel to both employers and employees in Alberta — including employment agreement drafting and review, wrongful dismissal advice, non-competition and non-solicitation clause assessment, and human rights complaint guidance.
This information is for education and entertainment purposes only. It is not intended to be legal, business, or other professional advice to be relied on. Do not make or refrain from any decisions on the basis of this information. Please contact us to receive advice from a qualified lawyer. View our Terms of Service for more information.