If the reason for the move is that the work at the original location of the business is no longer performed and the employee refuses to move, dismissal could be considered an appropriate route. This may be an appropriate option if there is no more work for the employee at their current location (because a department or the entire site is closed) and one of the following two points applies: Your consent is most obvious if the employment contract contains a valid relocation or mobility clause. This gives the employer the right to move you to another location. If such a clause exists, the employer can probably make you move within the limits of the clause. For example, if the clause provided for a move between offices in the Greater Vancouver Area, the employer would not legitimately persuade you to move to Victoria. You could agree to do that, but it would not be a requirement for the job. If your employer is trying to move you, the answer is not as simple as deciding whether or not to move to the new location. The expectations of both parties must be taken into account, as well as the impact that the move will have on you. If you are facing a move, contact us to know your rights and determine the best way for you. Some situations can allow an employer to change office locations without violating an employee`s rights. If you have signed an employment contract, it may contain conditions that give a company the express right to have a move carried out. A transfer can also be an implicit practice for certain positions in a company, based on many factors. Some companies, in an effort to reduce their overall footprint and reduce overhead, have chosen to close some offices and relocate these employees to a new location.
Energy company Suncor has announced plans to move employees from its head office in Calgary from two Ontario offices, which could affect more than 700 workers. Employers may seemingly ask you to keep your job, but in rare cases, you may have some leverage. If you signed an employment contract when you were hired for the position, read it carefully. If the contract states that your workplace is in a certain city or place, you may have a reason not to move. However, if an employer moves an entire office and you are the only one left, the company is more likely to pay a breach of contract fee than you postpone your move. Conversely, if you have signed an employment contract “at will”, your employer will hold all the cards and can let you go for no reason. To manage the risk of lawsuits, employers should consider each employee`s situation with respect to the move. You need to be clear with employees about the reasons for the move. Employers must consult with employees before making a final decision on dismissal. Consult with staff before making a final decision.
In both cases, your goal should be to retain your employees and maximize productivity by providing them with a proposal that puts them at ease and drives their decision to accept the new position. Losing employees as a result of a move can be costly and disruptive. Hiring and training new employees to replace the employees you`ve lost is time-consuming and expensive. You may also need to pay legal severance pay to employees who have decided not to move if you can`t offer them another suitable job offer. While the goal of any company is to retain its employees, firing is sometimes the only appropriate option if an employee refuses to move. This question is discussed in more detail towards the end of this guide. Can my employer require me to move to an office in another city or province? If you reject the company`s request to transfer, the company may decide to dismiss you. Keep in mind that a company can legally fire an employee for any reason, provided the reason is non-discriminatory and the appropriate amount of severance pay is provided.
Relocation rights are usually defined in the employment contract under a “mobility clause”. Employees who have a mobility clause in their contract are generally required to move, provided the employer follows the clause “appropriately”. If your employer wants you to move and you just can`t stand it, there`s really only one other option: start looking for a new job. If you tell your supervisor that you`d rather leave than move, they may try to make concessions to keep you, especially if you`re a unique and valuable employee. More likely, however, you`ll search for the search ads and hope for the best. You may be able to accumulate unemployment, but you must first be laid off to qualify. If a small business wants to build its workforce locally, it doesn`t make sense to worry about an employee relocation package. But for companies looking outside of their geographic area, this type of offer could be tempting enough for a great candidate to get closer. Workers who do not have a mobility clause in their employment contract or if the relocation request could be considered inappropriate can choose whether or not to move. Moving for work is a difficult path, even for people who really want to move.