Should I take company documents home after being fired in Alberta?

In Alberta, the courts have made it clear that non-unionized employees should only gather their personal belongings when fired or let go — nothing more.

Your best course of action in this situation is to assume that any and all documents are your employer’s property.

While you might think it’s a good idea to take certain files home after your termination meeting, this could actually do more harm than good.

Fired “for cause”?

When terminated for cause, some employees hang onto specific documents — believing the files will help prove that they don’t meet the conditions necessary for this type of dismissal.

Considered the “capital punishment” of employment law, your employer doesn’t have to provide you with a severance package, which can be as much as 24 months’ pay, and you can’t access Employment Insurance (EI) benefits.

LEARN MORE
• Termination ‘without cause’ in Alberta: Employee rights
• Do I have to look for a new job after being fired?
• Can I get my job back if I’m fired?
• Employment Law Show: Facts about the termination process

However, the proper procedure when terminated — regardless of the situation — is to request, or have an employment lawyer request, copies of key documents as part of a lawsuit.

If necessary, an application can be made at court to compel your company to produce certain files.

Is it legal to take company documents if my employment contract doesn’t say I can’t?

Employment contracts in Alberta don’t need to specifically outline that an individual can’t take company documents when they’re fired or let go.

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

Instead of taking any chances, contact an experienced employment lawyer at Samfiru Tumarkin LLP. We can review your situation and advise you of potential next steps.

SEE ALSO
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: Things to never do before seeking legal counsel

Can taking company documents home affect my severance entitlements?

The short answer is yes. If you’re fired without cause, and your employer learns at a later date that you intentionally took confidential documents with you, the company could have grounds for “after-acquired cause” — meaning they don’t have to provide you with any severance.

Can I be punished for taking company documents home or making a copy of them?

Instead of firing staff who take company documents home or make copies of certain files, some employers “punish” workers by making substantial changes to their job.

The reality is that major modifications, such as a demotion, pay cut, or workload increase, are illegal in Alberta.

ADDITIONAL RESOURCES
• Can I be suspended from work in Alberta?
• Workplace harassment in Alberta: Your rights
• What Albertans need to know about workplace discrimination
• Employment Law Show: What your employer can’t legally do

If unwanted changes are made to the terms of your employment for any reason, contact Samfiru Tumarkin LLP.

We can determine if you were the victim of a workplace reprisal and whether you have grounds for a constructive dismissal claim.

Boss pressuring you to resign after taking company documents home?

No matter how upset your employer is that you took certain documents home or made copies of specific files, the company can’t pressure or force you to resign.

If your boss is influencing you to step down, document their attempts. Keep any letters, emails, or text messages that show how your employer is pressuring you to quit your job.

Once you’ve gathered all of the relevant documents, don’t resign before seeking legal advice. You might have grounds for a constructive dismissal claim.

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Alberta, B.C., or Ontario, our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.

Disclaimer: The materials provided in this article are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.