Can employers in Alberta force staff to relocate?

The short answer is no. Employers in Alberta can’t force you to relocate to a new workplace or office if it increases your commute time by a substantial amount, or the move requires you to uproot yourself or your family.

Exceptions: There are some situations that may permit companies to switch work locations without breaching your rights:

• Your employment contract contains terms that give your employer the express right to impose a relocation
• A transfer may also be an implied practice for certain positions at a business, based on numerous factors

When the terms of your employment are significantly changed without your consent, the law allows you to resign and seek full severance pay through a constructive dismissal claim.

If you believe that you have been constructively dismissed, speak to an experienced employment lawyer at Samfiru Tumarkin LLP before quitting your job.

LEARN MORE
• Changes to your employment in Alberta: What you should know
• Do I get severance if I quit?

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?

If you don’t want to relocate, tell your employer immediately. Companies in Alberta can’t legally force you to work from another location without your consent.

If your employer tells you that you must transfer to another work location, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can help you file a constructive dismissal claim and ensure that you receive the compensation you deserve.

SEE ALSO
• Do I have to tell my employer I’m working from another province?
• Should I negotiate my own severance package in Alberta?

Can I be forced to relocate through my employment contract?

In some cases, employment contracts feature clauses that allow companies to change some terms of an individual’s employment.

• Example: A Suncor Energy worker accepts a “management’s rights” clause in their employment contract. The provision gives the integrated energy producer the ability to make slight modifications to the employee’s job responsibilities.

However, these clauses rarely allow employers in Alberta to alter the work location of their staff.

SEE ALSO
• Employment Law Show: 5 things to know about employment contracts
• Can Suncor Energy force me to move from Toronto to Calgary?
• If Suncor sells Petro-Canada, what rights do employees have?

Can my employer punish me if I refuse to relocate?

Unless the relocation was previously agreed to in your employment contract, it’s unlikely that your employer can make changes to your job to punish you for refusing to transfer.

Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal in Alberta.

If your employer makes significant changes to your job because you refused to relocate, you could file a constructive dismissal claim and pursue full severance pay.

SEE ALSO
• Reprisals at work in Alberta: Know your rights

Can my employer fire me for refusing to relocate?

Your employer can fire you for refusing to relocate — even if you didn’t previously agree to it in your employment contract. This is called a termination without cause.

In Alberta, companies can let non-unionized employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

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

This type of termination would prevent you from receiving a severance package or accessing Employment Insurance (EI) benefits.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees
• Severance pay for federally regulated employees

Lost your job? Contact an employment lawyer

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

Our lawyers in Calgary and Edmonton can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are owed.