This blog post is written by Myleen Sacro, Project Coordinator of the Bridging Legal Gaps Project at ActionDignity and is the intellectual property of ActionDignity. Unauthorized use and/or duplication of this material without express and written permission from ActionDignity is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to ActionDignity with appropriate and specific direction to the original content.
Introduction
When starting a new job, especially as a newcomer, student, or racialized worker, it’s easy to assume that hard work and persistence will be met with fairness. Unfortunately, this isn’t always the case. Across Alberta, many workers continue to experience unpaid wages, harassment, unsafe working conditions, and other violations of basic employment standards.
In 2024-25, Employment Standards officers received a total of 5,005 employment standards complaints, while the Employment Standards Contact Centre received a total of 61,019 inquiries (telephone and email) from employees and employers seeking information and guidance on topics such as termination, payment of earnings, hours of work and referrals to other areas. During the same period, Employment Standards successfully recovered a total of $5,408,046 on behalf of Albertans through various enforcement and resolution mechanisms. (Government of Alberta, Ministry of Jobs, Economy and Trade. 2024-2025 Annual Report).
A Lived Experience: A Worker’s Story in Calgary
“I graduated with a degree in software engineering from the University of Calgary. While applying for tech jobs, I wanted to earn some money in the meantime, so I ended up working at a bubble tea shop in Calgary. It wasn’t glamorous, but I didn’t mind. From the very beginning, there were red flags: our pay was often late or missing hours, and a co-worker was fired for filing a complaint against our employer. I brushed these red flags aside because I was just happy to have a job. I didn’t want to be “that guy” who complained.
However, when I was supposed to be paid for the 40 hours I worked, my paycheck was short by 10 hours. I reached a point where I had to assert my right to be paid for the full hours I worked. When I inquired about the missing hours, the manager gaslighted me and made me chase down my own paycheck from one location to another, even going as far as Cross Iron Mills, while my workplace was located in the southwest of Calgary.
One day, I came in for my shift, and the manager informed us that the store was shutting down, effective immediately. This would be our last day. There was no prior warning or explanation. We worked the full shift anyway, trying to maintain professionalism. I still had a final paycheck to receive, and I thought at least I’d be compensated for my time. I was wrong. I received my final paycheck two weeks later, and when I walked straight to the bank to cash it, the check bounced.
When I contacted the owner about the issue, they told me I should have cashed it faster because they had to close the bank account. Some of my coworkers never received a final paycheck at all.”
– A racialized youth worker in Alberta
This worker’s story shows how employment standards and human rights protections can fail in practice, especially for young, racialized, and immigrant workers in precarious jobs.
Why Knowing Your Rights Matters
A Statistics Canada (2023) study found that racialized and immigrant workers in Alberta are more likely to experience delayed pay, job instability, and unsafe workplaces than non-racialized workers.
The Workers’ Resource Centre (WRC, 2024) notes that many affected workers avoid filing complaints because they fear retaliation or believe nothing will change.
Meanwhile, research by the Alberta Law Foundation (2023) shows that understanding employment rights empowers workers to speak up early and avoid prolonged exploitation.
As the Centre for Public Legal Education Alberta (CPLEA) reminds all workers: “Asserting your rights helps not only you, but helps protect the rights of others.” (CPLEA, Rights at Work, 2023)
Your Legal Protections in Alberta
1.Employment Standards Code
Employment standards rules set out the minimum standards that employers must provide to employees. There are rules for payment of wages, hours of work, overtime, vacations, general holidays, leaves, termination of employment and other areas. Some additional rules include job protected leaves, averaging arrangements, deductions from earnings, minimum wage, youth employment and exceptions for specific industries. (Government of Alberta, n.d.)
For the fiscal year 2022–2023, the number of employment standards complaints filed in Alberta rose by about one-third compared to prior years.
(albertalabour.blogspot.com)
2. Occupational Health and Safety Act
Under the Occupational Health and Safety Act (SA 2017, c. O-2.1), every Alberta worker has three fundamental rights:
- The Right to Know about hazards in the workplace. (3(1))
- The Right to Participate in health and safety decisions. (4(1))
- The Right to Refuse Dangerous Work without fear of retaliation. (31(1)–(5))
Employers are legally required to provide training, maintain safe working conditions, and investigate all safety or harassment concerns. (Government of Alberta, 2017)
3. Human Rights Act
The Alberta Human Rights Act (RSA 2000, c. A-25.5) prohibits discrimination in employment based on
- Race, colour, ancestry, or place of origin (s.7(1));
- Gender, gender identity, sexual orientation, religion, age, family status, or disability (s.7(1));
- And prohibits retaliation against anyone filing a complaint (s.10).
Workers can file complaints through the Alberta Human Rights Commission.
Under the Alberta Human Rights Commission, in 2023–2024 there were 1,047 complaints opened and 821 complaints closed in that year. (Alberta Human Rights Commission, 2023–2024)
10 Rights You Probably Didn’t Know You Have
According to the Centre for Public Legal Education Alberta (CPLEA), Alberta workers often overlook the following legal rights
- You must be paid for mandatory training.
- You earn vacation pay even if part-time.
- You’re entitled to written pay statements.
- Tips can’t replace minimum wage.
- You can’t be scheduled for more than 12 hours/day.
- You have the right to job-protected leaves (illness, bereavement, family emergency).
- You must receive final pay within 10 days of termination.
- You can still file a complaint if you quit or were fired.
- Employers must give proper notice or pay in lieu.
- You have the right to a safe, respectful workplace.
Rights Most People Think They Have—But Don’t
According to CPLEA’s companion guide, Alberta law does not guarantee:
- Paid coffee or lunch breaks (unless written in your contract).
- Severance pay beyond statutory termination pay.
- Guaranteed full-time hours or consistent scheduling.
- Automatic raises or pay for “on call” time.
Continue Reading: What to Do if Your Workers’ Rights are Violated