Can employers in Alberta demote staff?

While employers in Alberta are generally allowed to make minor changes to a non-unionized worker’s job, significant adjustments can’t be made without the individual’s consent.

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

• You signed an employment contract that gives the company permission to demote you (i.e. alter your duties, responsibilities, or authority)
• Your employer gave you reasonable notice of the demotion

If substantial changes are made to your duties, responsibilities, or authority without your consent, 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 until an experienced Alberta employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

LEARN MORE
• How to calculate severance pay
• How employee resignations work in Alberta
• 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 boss 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 the right to demote you (i.e. alter your duties, responsibilities, or authority), you might be asked to accept a new agreement that does.

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

These agreements often 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 our firm.

What should I do if I don’t want my employer to demote me?

Unless your employment contract gives your boss permission to modify your duties, responsibilities, or authority, the company can’t legally force you to accept significant changes without your consent.

If you don’t approve of the demotion, notify your employer 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 change, or continue working after it’s implemented, your boss could argue that you have accepted the new terms of employment.

By immediately rejecting the demotion 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.

SEE ALSO
• Severance pay in a recession
• Wrongful dismissal in Alberta: Your rights
• Employment Law Show: Situations that trigger legal disputes

Can my employer punish me if I object to a demotion?

In Alberta, employers can’t punish or threaten to punish non-unionized workers for asserting their workplace rights.

• Example: You are a sales manager working in Edmonton. One day, your boss informs you that the company is planning on demoting you to a sales associate — removing your managerial duties. However, your employment contract doesn’t give your employer the right to alter your duties, responsibilities, or authority without your approval. You clearly state in an email to your boss that you don’t consent to the demotion. The company can’t cut your pay, increase your workload, or force you to relocate to another office as punishment. These types of modifications are illegal in the province.

If your boss disciplines you or threatens to discipline you for asserting your rights, that is a reprisal and you should contact Samfiru Tumarkin LLP immediately.

SEE ALSO
• Employment Law Show: Reprisals at work in Canada
• 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 demotion, what should I do?

No matter how upset your employer is that you won’t let the company demote you, they 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 have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

If you were forced to resign for any reason, reach out to an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

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

SEE ALSO
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated employees
• Employment Law Show: Facts about forced resignations

Can my employer fire me for refusing a demotion?

The short answer is yes. Your employer can fire you for refusing to let the company modify your duties, responsibilities, or authority.

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 — meaning no severance package or access to Employment Insurance (EI) benefits.

Considered the “capital punishment” of employment law, it’s reserved for the worst kinds of workplace offences, including serious insubordination, theft, or assault.

To justify terminating you for cause, your boss must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, 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 demotion, 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.