Can my employer increase my workload in Alberta?

While employers in Alberta are typically allowed to make minor changes to a non-unionized employee’s workload, a significant increase would require consent from the individual.

If major modifications are made to the terms of your employment without your approval, the law allows you to resign and seek full severance pay through a constructive dismissal claim.

However, you shouldn’t quit your job before speaking with an experienced Alberta employment lawyer at Samfiru Tumarkin LLP. We can confirm that you have been constructively dismissed, assess your legal options, and help you secure the compensation you deserve.

LEARN MORE
• Changes to your job in Alberta
• Do I get severance if I quit?
• Should I negotiate my own severance package in Alberta?

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about changes to your job on an episode of the Employment Law Show.

My employment contract says my boss can increase my workload, is that legal?

Employment contracts in Alberta can contain a clause that gives employers permission to modify a non-unionized employee’s workload.

If you signed an agreement that includes this type of clause, your boss may have the right to make the proposed changes.

My employer is pressuring me to sign a new employment contract, what should I do?

If the employment contract you initially signed doesn’t give your employer permission to increase your workload, you might be asked to accept a new agreement that does give the company the ability to make changes.

In the event that you are provided with a new employment contract, don’t sign anything before seeking legal counsel. Your boss can’t legally force you to accept it immediately or a few days after receiving it.

In most cases, these agreements take away key protections that would otherwise be available to non-unionized employees in Alberta.

Our experienced employment lawyers can review the contract and ensure that your workplace rights are properly protected.

LEARN MORE
• 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: 5 things to know about employment contracts

Validating a new agreement

In order to validate a new employment contract, employers in Canada must provide non-unionized workers with an additional “benefit”.

Potential benefits could include:

• A signing bonus
• Extra vacation days
• More flexibility working remotely

If your company didn’t include an additional benefit in the new agreement, or you aren’t sure that one has been provided, don’t sign anything before contacting Samfiru Tumarkin LLP.

What should I do if I don’t want my employer to increase my workload?

Unless your employment contract gives your employer permission to increase your workload, your boss can’t legally force you to accept significant changes without your consent.

If you don’t approve of the modifications that the company wants to make to your workload, notify your employer in a letter, email, or text message as soon as possible.

Timing is everything. If you wait too long to object to the change, or continue working after your job duties have been altered, your boss could argue that you have accepted the new terms of employment.

By immediately rejecting the modification in writing, the company won’t be able to claim that you were fine with it.

If you refuse significant adjustments to your job, and your employer goes ahead with them anyway, contact an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

We can review your situation and help you secure full severance pay through a constructive dismissal claim.

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Can my employer punish me if I object to a workload increase?

If you object to your workload being increased by a significant amount, there is a very good chance that your boss can’t punish you for rejecting the proposed increase.

In some cases, companies in Alberta try to demote staff or reduce their wages as punishment. However, these types of modifications are illegal in the province.

If unwanted changes are made to the terms of your employment shortly after objecting to a workload increase, don’t resign before contacting Samfiru Tumarkin LLP.

We can help you determine if you have grounds for a constructive dismissal claim.

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• Reprisals at work in Alberta: Know your rights
• Employment Law Show: How to handle a bad boss
• Employment Law Show: What your employer legally can’t do

My boss is pressuring me to quit after refusing a workload increase, what should I do?

While your employer might be disappointed that you won’t allow the company to increase your workload, they can’t pressure or force you to resign.

If your boss is influencing you to step down after objecting to the change, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit.

In some cases, the pressure from management can be so extreme that staff don’t feel they have any other option than to resign.

• SEE MORE: Giving notice when voluntarily resigning in Alberta

If you are ultimately forced to quit your job for any reason, speak with an experienced Alberta employment lawyer at Samfiru Tumarkin LLP. In addition to a severance package, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• How to calculate severance pay
• Severance pay for provincially regulated employees
• Employment Law Show: Facts about forced resignations

Can my employer fire me for refusing a workload increase?

The short answer is yes. Your employer can fire you for refusing to let the company increase your workload.

This is called a termination without cause. Non-unionized employees in Alberta can be let go for any reason, as long as:

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

However, it’s very unlikely that your employer would be able to fire you for cause in this situation, which would mean no severance package or access to Employment Insurance (EI) benefits.

This type of dismissal is considered the harshest punishment in a company’s arsenal. It’s reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify terminating you for cause, your boss must prove progressive disciplinary measures were applied and that a lesser punishment wouldn’t be acceptable, which is very difficult to do.

LEARN MORE
• Wrongful dismissal in Alberta: Your rights
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

Lost your job? Speak with an employment lawyer

If you are fired or let go after refusing a significant increase to your workload, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Alberta, B.C., and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.