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

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.

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 lesser punishment wouldn’t be acceptable

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.

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.

Does my boss 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 aspect under the province’s human rights legislation.

While severe weather isn’t a protected aspect, some examples include:

If you believe your employer 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
• What Albertans need to know about short-term disability claims
• 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 boss doesn’t properly fulfill their duty to accommodate.

The commission is responsible for dealing with human rights complaints pertaining to the province’s Human Rights Act.

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

Can my boss punish me for being late to work because of the weather?

If you’ve only been late to work a couple of times because of the weather, it’s unlikely that your employer would be able to punish you by making substantial changes to your job.

Major modifications, such as a demotion, pay cut, or workload increase, are illegal in Alberta.

If significant adjustments are made to the terms of your employment after being late to work because of the weather, connect with a member of our team.

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

ADDITIONAL RESOURCES
• Workplace reprisals in B.C.: Employee rights
• What Ontarians need to know about workplace reprisals

My boss is pressuring me to quit after being late to work, what should I do?

No matter how upset your employer is that you arrived at work late due to the weather, the company can’t pressure or force you to quit.

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.

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced 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.

LEARN MORE
• Notice of resignation in Alberta: Employee rights
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do

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 above 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.