Can employers in Alberta cut a worker’s hours?

While employers in Alberta are typically allowed to make minor changes to a non-unionized employee’s hours of work, a substantial decrease would require consent from the individual.

Exceptions: There are some situations where your boss might be able to make modifications to the terms of your employment without breaching your rights:

• You signed an employment contract that gives the company the ability to alter your hours of work
• Your employer gave you reasonable notice of the change

If significant adjustments are made to your hours of work without your approval, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance, which can be as much as 24 months’ pay.

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: Employee rights
• How to calculate severance pay
• 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 reduce my hours of work, is that legal?

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

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 reduce your hours of work, 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.

These agreements usually take away key protections that would otherwise be available to non-unionized employees in Alberta.

Our experienced employment lawyers can review the contract and make sure 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 reduce my hours of work?

Unless your employment contract gives your boss permission to reduce your hours of work, the company can’t legally force you to accept substantial changes without your consent.

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

Timing is everything. If you let too much time pass before objecting to the reduction in hours, or continue working after it’s implemented, the company could argue that you were fine with it.

If you refused significant adjustments to your job, and management went 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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• Severance pay in a recession
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Can my employer punish me if I object to a reduction in hours?

If you object to your hours of work being reduced by a significant amount (20 per cent or more), it’s very likely that your boss can’t punish you for rejecting the proposed reduction.

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 reduction in hours, don’t resign before contacting Samfiru Tumarkin LLP. We can help you determine if you have grounds for a constructive dismissal claim.

In the event that the type of punishment you are subject to involves threats or verbal abuse, it’s possible that a toxic workplace is being created, which could also justify a constructive dismissal claim.

SEE ALSO
• Reprisals at work in Alberta: Know your rights
• Employment Law Show: How to handle a bad boss

My boss is pressuring me to quit after refusing a reduction in hours, what should I do?

No matter how disappointed your employer is that you refused to let the company reduce your hours of work, they can’t pressure or force you to resign.

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

Once you have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

LEARN MORE
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated employees
• Employment Law Show: What your employer legally can’t do

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced Alberta employment lawyer at Samfiru Tumarkin LLP as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

SEE ALSO
• Wrongful dismissal in Alberta: Your rights
• Employment Law Show: Facts about forced resignations

Can my employer fire me for refusing a reduction in hours?

The short answer is yes. Your employer can fire you for refusing to let the company reduce your hours of work.

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
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

Lost your job? Speak with an employment lawyer

If you are fired or let go after refusing a significant reduction to your working hours, 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.