Can employers in B.C. force staff to relocate?

In most cases, employers don’t have the right to make non-unionized workers in British Columbia relocate to a new workplace or office — especially if the move increases their commute by a substantial amount or uproots an individual and their family.

Exceptions: There are some situations where it could be possible for your boss to transfer you to another location without breaching your rights:

• You signed an employment contract that gives your employer permission to impose a relocation
• Transfers are an implied practice for certain positions at the company, based on numerous factors

When major modifications are made to your job without your consent, the law allows you to resign and pursue full severance pay through a constructive dismissal claim.

If you believe that you have been constructively dismissed, don’t quit your job before speaking with an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Do I get severance if I quit?
• Should I negotiate my own severance package in British Columbia?

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about changes to your job on an episode of the Employment Law Show.

What do I do if my employer tells me I have to relocate, but I don’t want to?

Companies in B.C. can’t legally force non-unionized employees to work from another location without their consent.

If you don’t want to relocate, and you didn’t accept anything in your employment contract about changing work locations, inform your employer in a letter, email, or text message immediately.

Objecting to the relocation in writing will prevent your boss from being able to argue that you were fine with the move.

If you refuse to transfer to another location, and your company tells you that you must relocate, contact Samfiru Tumarkin LLP.

Our experienced employment lawyers can review your situation and help you secure full severance pay through a constructive dismissal claim.

SEE ALSO
• Do I have to tell my employer I’m working from another province?
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Things to never do before seeking legal counsel

Can I be forced to relocate through my employment contract?

If you signed an employment contract that contains a “relocation” or “mobility” clause, it’s very likely that your employer can move you to another work location.

However, these agreements usually don’t allow companies to make major changes, such as requiring staff to relocate to another province or country.

Example

One of the firm’s clients, a financial analyst working in Burnaby, was told by his boss that the company was moving him to their Toronto office.

When he objected to the transfer, his employer claimed that the relocation clause in his employment contract gave the business the right to move him to another province.

Instead of getting angry, the worker remained calm and immediately contacted Samfiru Tumarkin LLP.

When our lawyers reviewed the relocation clause in his employment contract, it clearly stated that the company only had the ability to move him between its offices in Metro Vancouver.

Since his employer didn’t have the right to transfer him to another province, we were able to help the financial analyst obtain full severance pay through a constructive dismissal claim.

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• Employment Law Show: 5 things to know about employment contracts

Can my employer punish me if I refuse to relocate?

Unless you previously agreed to the relocation in your employment contract, your employer can’t make significant adjustments to your job to punish you for refusing to transfer.

Major modifications, such as a demotion, shorter shifts, or a reduction in pay, are illegal in B.C.

If you object to the relocation, and negative changes are made to the terms of your employment shortly after, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that you have been constructively dismissed, assess your legal options, and ensure you receive the compensation you are owed.

SEE ALSO
• Employment Law Show: Reprisals at work
• Employment Law Show: Situations that trigger legal disputes

Can my employer fire me for refusing to relocate?

Your employer can fire you for refusing to move to another location — even if your employment contract doesn’t contain any relocation or mobility clauses.

This is called a termination without cause. Non-unionized employees in B.C. can be let go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

If you refuse to relocate, but you previously agreed to a transfer in your employment contract, your boss might be able to fire you for cause.

In this situation, the company doesn’t have to provide you with a severance package and you can’t access Employment Insurance (EI) benefits.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees
• Wrongful dismissal in British Columbia: Your rights

Lost your job? Speak with an employment lawyer

If you are fired or let go for refusing to relocate, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in B.C., Alberta, and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are legally entitled to.