Can I be suspended from work in Alberta?

What is a workplace suspension?

In Alberta, a workplace suspension is when an employee is notified by their employer that they will not be allowed access to the workplace for a specific amount of time.

This can happen for a variety of reasons, such as pending investigations into misconduct or disciplinary action.

When it comes to implementing a legal workplace suspension, companies must clearly outline the reason for the suspension and the expected duration.

Administrative vs. disciplinary suspension

• Administrative suspension: Used when an employer has been informed of misconduct and needs to remove a staff member from the workplace.
• Disciplinary suspension: Used as a form of punishment for serious misconduct. These suspensions are less common than administrative suspensions.

Can my employer suspend me without pay?

In most cases, employers in Alberta aren’t allowed to suspend staff without pay.

If you’re placed on an unpaid leave of absence, you should contact an experienced employment lawyer at Samfiru Tumarkin LLP—even if the employment contract you signed claims that your company has the right to do so.

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

We can determine if the agreement is legally enforceable and help you secure full severance pay through a constructive dismissal claim if it isn’t.

SEE ALSO
• How to calculate severance pay
• Changes to your job in Alberta: Employee rights
• Employment Law Show: Things employers can’t legally do

Can I be suspended from work indefinitely?

No. The duration of a workplace suspension in Alberta must be temporary and reasonable.

Contract doesn’t contain a suspension clause?

If your employment contract, company handbook, or workplace policy doesn’t mention suspensions, then your employer can’t suspend you from the workplace.

In this situation, you might have grounds for a constructive dismissal claim.

How long can I be suspended from work pending an investigation?

In Alberta, there isn’t a specific limit on how long an employee can be suspended from work pending an investigation.

When it comes to administrative suspensions, they must be:

• Done in good faith
• Necessary to protect legitimate business interests
• Structured to last the shortest amount of time possible

Can my employer punish me for objecting to a workplace suspension?

The short answer is no. Employers in Alberta can’t punish a non-unionized employee for objecting to a workplace suspension—even if they have the right to suspend the individual.

If this happened to you, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We can determine if you were the victim of a workplace reprisal.

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

I’m being pressured to quit after objecting to a workplace suspension, what should I do?

No matter how upset your employer is that you objected to a workplace suspension, 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.

• SEE ALSO: Resigning in Alberta: What employees need to know

Once you have gathered all of the relevant documents, don’t resign before reaching out to us. 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
• Employment Law Show: Facts about forced resignations
• Employment Law Show: Things to never do without seeking legal counsel

Can I be fired for objecting to a workplace suspension?

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. This is known as a termination without cause.

If you’re fired without cause shortly after objecting to a workplace suspension, there is a chance that you could treat it as a workplace reprisal.

SEE ALSO
• 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? Talk to our team

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.