Can employers force Albertans to return to the office after working remotely?

In Alberta, employers can require non-unionized employees to resume in-office work if they were originally hired to perform their job duties from the office.

During the COVID-19 pandemic, many companies allowed staff to work remotely as a temporary measure.

While you might prefer working remotely, it’s very likely that your boss can instruct you to resume in-office work if your employment contract requires you to work in the office.

Employers in the province generally have a right to determine where staff work — as long as it meets the standards required for a safe workplace.

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I was hired as a remote worker, do I have to start working from the office?

If the employment contract you signed doesn’t require you to work in the office, it’s very likely that your employer can’t make you shift to in-office work.

However, some companies ask remote workers to accept a new agreement that does require them to work in the office instead.

If your boss provides you with a new employment contract, don’t sign anything before speaking with an experienced Alberta employment lawyer at Samfiru Tumarkin LLP. Your employer can’t force you to accept it immediately or even a few days after receiving it.

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

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

Our firm can review the contract and ensure that your workplace rights are properly protected.

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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.

Can my boss punish me for refusing to return to the office?

If the employment contract you signed requires you to work in the office, you could face punishment if you refuse to resume in-office work.

However, it’s very unlikely that your boss would be able to make substantial changes to your job as punishment. Major modifications, such as a demotion, workload increase, or pay cut, are illegal in Alberta.

If significant adjustments are made to the terms of your employment without your consent, there is a good chance that you could treat it 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 before contacting our firm. We can confirm that you have been constructively dismissed, assess your legal options, and ensure that you receive the compensation you are owed.

LEARN MORE
• Changes to your job in Alberta: What employees need to know
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• Should I negotiate my own severance package in Alberta?

How is severance pay calculated?

Severance for non-unionized employees in Alberta can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Length of service
• Position at the company
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should speak with an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance pay for provincially regulated employees
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My boss is pressuring me to quit after refusing to return to the office, what should I do?

No matter how upset your employer is that you refuse to return to the office after working remotely, 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 Samfiru Tumarkin LLP. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with our firm as soon as possible.

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

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Can my employer fire me for refusing to return to the office?

The short answer is yes. Your employer can fire you for refusing to return to the office after working remotely.

Non-unionized employees in Alberta can be let go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

In some cases, your boss might be able to justify firing you for cause — meaning no severance package or access to Employment Insurance (EI) benefits.

• Example: You signed an employment contract that requires you to work from the office. If you refuse to return to the office after you were temporarily allowed to work remotely, and your employer has provided you with proper warnings that you can’t continue to do so, the company could take the position that your refusal amounts to insubordination — potentially giving them grounds to terminate you for cause.

This type of dismissal is considered the harshest punishment in an employer’s arsenal. It’s reserved for the worst workplace offences, such as blatant disobedience, theft, or assault.

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

In our experience, most non-unionized employees in the province don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

LEARN MORE
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I can’t return to the office due to my disability, what should I do?

In Alberta, employers are legally obligated to assist workers who can’t perform their job due to a disability (either physical or psychological), religious reasons, or other constraints.

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

• Change your job requirements
• Provide someone to help you complete your tasks
• Make changes to the shift itself

If your disability prevents you from returning to the office when your boss has instructed you to, have your treating doctor clearly explain in writing why you can’t resume in-office work.

Once you obtain this letter or certificate from your physician, give it to your employer. This document should be accompanied by a request for accommodation of your disability — asking your company to allow you to continue working remotely (if that is the best course of action).

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

We can review your situation, inform you of your legal options, and help you secure the compensation that you are entitled to.

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

Lost your job? Speak with an employment lawyer

If you are fired or let go after refusing to return to the office, 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.