Can I be fired in Alberta if I’m late due to weather?

The short answer is yes. You can be fired in Alberta if you are late to work because of the weather — even if conditions are largely out of your control.

This is called a termination without cause. Employers in the province can let non-unionized workers go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

However, if you were only late once due to the weather, it’s very unlikely that your company would be able to fire you for just cause in Alberta, which would mean no severance package or access to Employment Insurance (EI) benefits.

This type of dismissal is reserved for the worst kinds of workplace offences, such as theft or insubordination.

SEE ALSO
• How to calculate severance pay
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees

Can I be fired “for cause” if I’m consistently late to work due to the weather?

To justify firing you for cause, employers in Alberta would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be insufficient

If you are consistently late for work, and your company warned you that this behaviour needs to improve, it’s possible that they could have grounds to fire you for just cause.

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

Example

An employee in Edmonton didn’t show up to work on time for an entire week. When asked by his employer why he was consistently coming in roughly 30 minutes late, the worker said his commute continued to be challenging following a recent snowstorm.

His company told him that his tardiness was unacceptable and warned him that his attendance needed to improve.

Another week went by and the employee continued to be 15-30 minutes late. At the end of the week, he was informed by his employer that he was being fired because he continued to show up late for work after being warned.

As a result, the company may be in a position to fire the employee for cause. He would not be entitled to a severance package and would be unable to access EI benefits.

SEE ALSO
• Wrongful dismissal in Alberta
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

I was an hour late to work, does my employer still have to pay me for that hour?

Under Alberta’s Employment Standards Code (ESC), employers are only required to pay non-unionized staff for the amount of time that they actually worked.

If you are an hourly employee, and you show up to work an hour late due to the weather, your company doesn’t have to compensate you for that hour.

However, if you are a salaried employee, it’s unlikely that your pay will be docked because you were an hour late to work because of the weather.

Can my employer make changes to my job if I’m late because of the weather?

Generally, employers in Alberta can make minor changes to a non-unionized worker’s duties.

If slight modifications need to be made to your job to account for you running late to work due to the weather, your company is likely entitled to do this.

However, you don’t have to accept major changes to your job. 

Large modifications such as a demotion, cut in pay, reduction in hours, new work location, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Employment Law Show: What to know about changes to your job
• Do I get severance if I quit?

Does my employer have to accommodate me if I’m running late to work due to severe weather?

The short answer is no. Employers in Alberta have a duty to accommodate when it’s in relation to a protected ground under the province’s human rights legislation.

While severe weather isn’t a protected ground under the Alberta Human Rights Act (AHRA), some examples include:

• Age
• Race
• Gender
• Religion
• Family status
• Disability (physical or psychological)
• Source of income

If you do request accommodations in relation to a protected ground, and believe that your company didn’t properly fulfill their duty to accommodate, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can help you secure the compensation you are entitled to through a constructive dismissal claim.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Long-term disability claims: Your rights

Filing a human rights complaint

In addition to a constructive dismissal claim, you can file a human rights complaint to the Alberta Human Rights Commission if your employer doesn’t properly fulfill their duty to accommodate.

The commission is responsible for dealing with human rights complaints pertaining to the AHRA.

Successful complaints can result in compensation for the individual who experienced discrimination.

SEE ALSO
• Alberta admin assistant awarded nearly $40K in discrimination case

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our Alberta employment lawyers in Calgary and Edmonton can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.