Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes
Location: Alberta
Industry / Role: Retail Part-Time Sales Associate (Store Ownership Transition)
Background & Context:
Ownership Transition: My retail store was recently acquired by new franchise owners. I have continuous long-term service at this specific location.
Invalid Probation Clause: To retain me, the new owners issued a contract stating that after a 3-month "probation" period, I will receive a new letter with benefits as per standard law.
Delayed Vacation Pay: The revised letter attempts to delay my statutory benefits and 4% vacation pay accrual until after this 3-month mark.
Employment Standards Confirmation: I already have direct email confirmation from an Alberta Employment Standards officer stating that under Section 5 of the Code, my employment is continuous and a new probationary reset is legally invalid.
Disability Status: I am a disabled employee who uses a wheelchair. I have been successfully performing this job for months, and I am returning to work under these new owners on September 16.
Questions:
Does signing this revised offer letter strictly to secure my schedule ($17/hr, 10–15 hrs/wk) weaken my legal protections regarding Section 5 (continuous service) or Section 4 (prohibition against contracting out of statutory minimums like vacation pay)?
Because I use a wheelchair, what is the employer's legal duty to accommodate me during this transition?
If the new owners attempt to alter my physical floor duties, claim I cannot perform my role, or try to terminate me at the 90-day mark citing "probation failure," how does the Alberta Human Rights Act intersect with my continuous service rights to protect me?
What specific details should I document on the floor starting September 16 to build a protective paper trail against bad-faith management or discrimination?
I would recommend that you do not sign off on the new offer without consulting a lawyer. Your employer can not contract out of your statutory protections under the Employment Standards Code. Your employer has a legal duty to accommodate your disability to the point of undue hardship which is a very high legal threshold for an employer to meet. Please contact us at the number below so that we can better assess your rights and entitlements under both the Human Rights Code and common law.