Your Schedule is Your Income. Protect Your Time.
Our specialized Alberta team ensures that when your hours are cut or your schedule is cleared, you have the legal support to claim your full severance and hold your employer accountable.
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Can My Employer Reduce My Hours in Alberta?
Technically, an employer can’t unilaterally change a fundamental term of your employment contract, and for most workers, their hours are a fundamental term.
If your employer significantly cuts your hours without your agreement, it is often treated as a “fundamental breach” of contract. In Alberta, this allows you to treat the relationship as terminated and pursue a claim for constructive dismissal.
- Significant Change: While there is no fixed percentage, a reduction of 10-15% or more is often enough to trigger a claim.
- Implied Acceptance: If you continue working the reduced schedule for several weeks without a written protest, the law may assume you have “accepted” the new terms.
How Long Can an Employer Not Schedule You in Alberta?
If your employer stops scheduling you entirely but hasn’t officially fired you, they may claim you are on a “temporary layoff.” While the Employment Standards Code (ESC) sets a 90-day limit for these layoffs, the reality under Common Law is much more protective of the employee.
- The 90-Day ESC Rule: Under provincial minimums, an employer can only “not schedule” you for a maximum of 90 days within a 120-day period before it is legally considered an automatic termination.
- The Common Law Reality: In Alberta, an employer generally has no legal right to put you on a temporary layoff unless it is specifically allowed in your employment contract or you consent to it.
- Immediate Rights: If you are placed on a layoff without a prior agreement, you do not have to wait 90 days. You may be able to treat the lack of scheduling as a constructive dismissal immediately and claim your full severance pay.
Can an Employer Cut Your Hours as Punishment?
No. It is illegal for an employer to cut your hours as a form of reprisal for asserting your rights. Under Alberta law, you are protected from being penalized if you:
- File a complaint about unpaid wages or safety.
- Request a job-protected leave.
- Refuse dangerous work.
Can an Employer Take Away Hours Already Worked?
Absolutely not. This is a form of wage theft. In Alberta, you must be paid for all hours worked.
- 3-Hour Minimum: If you are scheduled and show up for work but are sent home early, your employer must pay you for at least 3 hours at minimum wage (or your actual wage for the time worked, whichever is greater).
- Illegal Deductions: Your boss can’t “take away” hours or deduct money from your pay for broken items, shortages, or “poor performance”.
What To Do If Your Hours Are Cut
If your schedule is suddenly reduced or cleared, take these steps immediately:
- Object in writing: Send an email stating that you do not consent to the reduction in hours and that you are ready and willing to work your original schedule.
- Request a recall date: If they say it’s “temporary,” ask for a specific date you will return to your full hours.
- Document the loss: Keep copies of your old schedules compared to the new ones to prove the “significant change.”
- Check your contract: Some contracts have “layoff clauses” that give employers limited rights to reduce hours — though these are often found to be invalid by Alberta courts.
Warning: Don’t Quit Yet
The biggest mistake employees make is resigning before they have legal confirmation that their situation qualifies as constructive dismissal. If you quit and a court decides the change wasn’t “fundamental,” you may lose your right to any severance at all.
Quitting before you have a legal strategy in place can turn a strong case into a simple resignation. Most successful claims are handled as a form of wrongful dismissal in Alberta.
Always consult with an Alberta employment lawyer at Samfiru Tumarkin LLP before you walk out the door. Whether you need to speak with a wrongful dismissal lawyer in Calgary or a wrongful dismissal lawyer in Edmonton, we can help you draft a formal protest to the change, which preserves your right to claim dismissal later.
If your employer is reducing your hours, they may also be attempting to alter other core terms of your employment. Check your rights on:
- Wage & Salary Reductions: Does a cut in hours also mean a cut in your base rate?
- Job Description Changes: Are your duties changing along with your schedule?
- Work Location Changes: Can your boss move your job to a new location?
Has Your Employer Cleared Your Schedule?
You don’t have to wait 90 days to see if you still have a job. If your hours have been slashed or you’ve been taken off the schedule entirely, our Alberta team can help you determine if you are entitled to a full severance package right now.