Can my employer force me to resign in Alberta?

The short answer is no. Employers in Alberta can’t force non-unionized workers to quit their job.

In order for a resignation to be valid, it must be clear, unequivocal, and voluntary.

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

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 resign.

Once you have gathered all of the relevant documents, don’t quit your job before contacting an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

We can determine if you have grounds for a constructive dismissal claim—allowing you to resign and pursue full severance pay.

SEE ALSO
• Do I get severance pay if I quit my job?
• Can I be suspended from work in Alberta?
• What Albertans need to know about changes to their job

Can my boss encourage me to resign instead of accommodating my disability?

In Alberta, employers are legally obligated to assist workers 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, companies may have to:

• Modify the individual’s shift
• Change an employee’s job requirements
• Provide someone to help an individual complete their tasks

The goal is to ensure that staff can continue to perform their job duties, despite their disability.

If your employer is encouraging you to resign instead of fulfilling their duty to accommodate, reach out to our firm.

We can review your situation, assess your legal options, and help you secure the compensation you deserve.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• What Albertans need to know about short-term disability claims
• Long-term disability claims in Alberta: Your rights

Can my boss punish me for refusing to resign?

If you resist or ignore pressure from your employer to quit your job, there’s a good chance that the company can’t legally punish you for doing so.

In the event that you face any kind of retaliation (i.e. unwanted changes to your job), contact an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

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

ADDITIONAL RESOURCES
• Workplace harassment in Alberta: Your rights
• What Albertans need to know about workplace discrimination
• Employment Law Show: What your employer can’t legally do

My boss asked me to sign a new employment contract after refusing to resign, should I?

If you received a new employment contract from your company, 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.

In most cases, these agreements 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.

SEE ALSO
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?

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 fire me for refusing to resign?

The short answer is yes. Non-unionized employees in Alberta can be fired for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory.

SEE ALSO
• Should I take company documents home after being fired in Alberta?
• 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

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 in this article 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.