Summary: What is Reprisal in the Workplace?
A reprisal in the workplace occurs when an employer penalizes an employee for exercising their legal rights. This is commonly referred to as workplace retaliation.
Under the Alberta Employment Standards Code and the Occupational Health and Safety (OHS) Act, it is strictly illegal for an employer to terminate, demote, or discipline you for asking about your rights or reporting a violation.
Can You Be Fired for Complaining?
No. If you are terminated for exercising a protected right, it is a “wrongful” employer retaliation. You may be entitled to reinstatement, lost wages, or a full severance package of up to 24 months’ pay.
On This Page:
Common Examples
OHS & Safety Rights
Constructive Dismissal
How to Protect Yourself
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Understanding What is a Reprisal
To many, the question of what is reprisal comes down to fairness. Legally, a reprisal is any “adverse action” taken by an employer because an employee sought to enforce their rights under the Alberta labour laws. This includes rights regarding overtime pay, leaves of absence, or human rights complaints.
Common Examples of Reprisal in the Workplace
Workplace retaliation is not always as obvious as a firing. Common examples of reprisals in Alberta include:
- Sudden Demotions: Being stripped of duties after asking about unpaid overtime.
- Reduced Hours: Having your shifts cut after returning from a protected sick leave.
- Hostile Work Environment: Being “frozen out” by management after reporting a safety hazard.
- Threats: Using the fear of reprisal in the workplace to keep employees from reporting harassment.
Retaliation and Constructive Dismissal
In many cases, retaliation in the workplace takes the form of management bullying. If your employer makes your job so miserable that any reasonable person would feel forced to leave, this is known as constructive dismissal.
How to Protect Yourself from Reprisals
- Document Everything: Keep a log of dates and times where retaliation in the workplace occurred.
- Use Written Communication: If you are asking for your rights under the Employment Standards Code, do it via email.
- Do Not Resign Without Advice: Quitting can make it harder to claim severance pay Alberta entitlements.
Get Legal Help Today
If you are facing reprisals in the workplace, our team can help you hold your employer accountable. We ensure you receive the protection and compensation you deserve in: