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Imagine this: After joining a new company, you are assigned to work at their office location. Two months into your employment, you are required to commute to a field location, with the company promising mileage reimbursement in accordance with its policy.

However, you later realize that the reimbursement amount you received is lower than what the policy stipulates. Seeking clarification, you email HR regarding the discrepancy.

Two days later, HR responds—not with an explanation, but with a notice stating that your work performance is below standard and requires improvement. This response is unexpected, as both your manager and the company have consistently provided positive feedback on your performance.

From this point, you notice a stark change in your manager’s behavior. They begin scrutinizing every report and submission you make, creating an increasingly tense work environment. Before your probationary period ends, HR informs you that the company is not legally required to provide notice of termination within the first 90 days of employment. However, as a goodwill gesture, they offer two weeks’ pay in lieu of notice and ask you to return all company property and sign a release waiving any claims against them.

Unhappy with the turn of events, you decide to research your rights. While the company’s assertion about notice requirements for employees with less than 90 days of service is correct, they may be overlooking a key issue – your termination could qualify as reprisal dismissal.

What is Reprisal Dismissal?

Reprisal dismissal occurs when an employer takes adverse action against an employee, such as termination, because the employee exercised a right or raised a concern in the workplace. For example, being dismissed simply for asking a question or raising an issue is not only unfair but may also be unlawful under employment laws

Reprisal can occur in situations that include but are not limited to where:

1. An employee raises concerns about workplace conditions, safety, or policies.
2. An employee asserts their statutory rights, such as requesting overtime pay, parental leave, or fair accommodations.
3. An employee refuses to return to the workplace after a workplace injury until medical clearance from a doctor.

Note that employees are protected under employment standards and human rights laws from retaliation for engaging in lawful activities or raising concerns in good faith. Employers cannot legally dismiss or penalize an employee for:

• Asking reasonable questions regarding workplace practices.
• Reporting violations of employment standards or regulations.
• Refusing to participate in illegal or unsafe activities.

In Walsh v. Mobil Oil Canada, 2008 ABCA 268, the Alberta Court of Appeal found that Ms. Walsh was terminated from her workplace because of the human rights complaint she had filed.

Legal Considerations:

If your termination resulted from a reprisal, you may have grounds to pursue a claim for wrongful dismissal. Here’s what you should do:

1. Document Everything: Keep a record of communications leading up to your dismissal, including emails, and any other relevant incidents.
2. Seek Legal Advice: Consult an employment law lawyer to assess your circumstances and determine if your dismissal was a reprisal and to explore your legal options.
3. Act Quickly: Timing matters. Delays in asserting a claim for reprisal dismissal may weaken your case.

Next Steps:

Reprisal dismissal is a serious matter that undermines employee rights and workplace fairness. If you think you’ve been dismissed in retaliation for asking a question or asserting your rights, contact our office to schedule a consultation. We are here to help protect your rights and seek the justice you deserve. In nearly every case, we are committed to achieving significantly improved outcomes for our clients and without unnecessary delay.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The content is not intended to create, and receipt of it does not establish, a lawyer-client relationship. You should consult a qualified legal professional for advice specific to your situation before making any legal decisions.