Can I be fired after a bad performance review in Alberta?

Non-unionized workers in Alberta can be fired following a “bad” performance review — even if it’s the first time their employer has had an issue with their job performance.

This is known as a termination without cause. Employees in the province 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 company could fire you for cause following a negative performance review, which would mean no severance package or access to Employment Insurance (EI) benefits.

Considered the “capital punishment” of employment law, this type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees

Performance Review vs. Performance Improvement Plan

A common misconception is that a performance review and a Performance Improvement Plan (PIP) are the same.

Performance reviews typically happen once or twice a year. During the review, management and the employee often discuss:

• How well the worker is performing their job duties
• Whether the individual will receive a year-end bonus

If your employer doesn’t believe you are doing your job well, you could be asked to participate in a PIP.

• Example: A media relations specialist in Calgary didn’t secure any media exposure for her employer in August. On Sept. 5, the company required the worker to complete a Performance Improvement Plan by Oct. 10.

In Alberta, it’s common for businesses to use PIPs to justify firing staff, sometimes without severance, if they don’t complete it successfully.

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

However, employers in the province don’t automatically have the right to fire you, especially for cause, if you fail to meet the requirements outlined in the PIP.

Companies often set unrealistic goals that are nearly impossible to achieve within the designated timeframe or don’t give staff the proper support to improve their work.

I was fired for cause due to “poor job performance”, what should I do?

While it can be extremely frustrating to learn that you are being fired for cause due to “poor job performance”, it’s important to remain calm.

In most cases, non-unionized employees in Alberta are still entitled to severance pay because they don’t meet the conditions necessary for this type of dismissal.

To justify terminating you for cause, the company must prove:

• Progressive disciplinary measures were applied
• A lesser punishment wouldn’t be suitable

If you are fired for cause following a negative performance review, or for failing your employer’s PIP, contact an experienced Alberta employment lawyer at Samfiru Tumarkin LLP immediately.

We can determine if this type of dismissal was appropriate in your situation and help you secure the compensation you deserve if it wasn’t.

LEARN MORE
• Wrongful dismissal in Alberta
• Do I have to look for a new job after getting fired?
• Can my employer hire for my position if I haven’t been fired yet?

Do performance reviews affect my severance entitlements?

No. Performance reviews don’t affect how much severance pay non-unionized workers in Alberta are entitled to if they are fired or let go.

As long as your employer doesn’t have grounds to terminate you for cause, you are still entitled to full severance, which can be as much as 24 months’ pay.

SEE ALSO
• Executive and C-suite severance pay
• Severance pay in a recession

Can my employer make major changes to my job after a performance review?

In Alberta, non-unionized employees can refuse negative changes to their job, such as a demotion or pay cut. These types of modifications are illegal.

If major adjustments are made to the terms of your employment without your consent, and your employer can’t justify firing you for cause, it’s very likely that you could treat the move as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

However, you shouldn’t resign until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that you have been constructively dismissed, assess your legal options, and ensure you receive the compensation you are owed.

LEARN MORE
• Employment Law Show: What to know about changes to your job
• Do I get severance if I quit?

My employer is pressuring me to quit after my performance review, what should I do?

No matter how disappointed your employer is with your job performance, they can’t pressure or force you to quit.

If your boss is influencing you to step down following a negative performance review, document their attempts. Keep any letters, emails, or text messages that show how your 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.

If you are ultimately forced to quit your job for any reason, contact 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
• Employment Law Show: Facts about forced resignations
• Employment Law Show: How to handle a bad boss

I can’t complete some PIP requirements because of my disability, what should I do?

If you aren’t able to complete some of the requirements outlined in your company’s PIP due to your disability, inform your employer immediately.

Under Alberta’s Human Rights Act, companies are legally obligated to assist non-unionized employees who can’t perform their job duties due to a disability (either physical or psychological), religious reasons, or other constraints.

As part of their duty to accommodate, employers may have to:

• Change the worker’s job requirements
• Provide someone to help the individual complete their tasks
• Make changes to the shift itself

If you believe that your company hasn’t properly fulfilled their duty to accommodate, speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can help you secure the compensation that you are entitled to through a constructive dismissal claim as well as a human rights complaint.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Long-term disability claims: Your rights

Filing a human rights complaint

If your employer doesn’t properly fulfill their duty to accommodate, you should file a human rights complaint to the Alberta Human Rights Commission.

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

Successful human rights complaints can result in compensation — and potentially reinstatement — for the employee who experienced harassment or discrimination at work.

SEE ALSO
• Alberta admin assistant awarded nearly $40K in discrimination case
• Reprisals at work in Alberta: Know your rights

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our employment lawyers in Alberta, working through the firm’s Calgary and Edmonton offices, can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.