Can employers in Ontario force staff to relocate?

In most cases, employers can’t force non-unionized workers in Ontario to relocate to a new workplace or office — especially if the move significantly increases their commute time or uproots an individual and their family.

Exceptions: There are some situations where your boss might be able to move you to another location without breaching your rights:

• You signed an employment contract that allows your employer in Ontario to impose a relocation
• Transfers might be an implied practice for certain positions at the company, based on numerous factors

When significant adjustments are made to the terms of your employment without your consent, it’s very likely that you can treat the move as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance, which can be as much as 24 months’ pay.

If you believe that you have been constructively dismissed, don’t resign before speaking with an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

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

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, 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.

Companies in Ontario can’t legally force non-unionized employees to work from another location without their consent. Objecting to the relocation in writing will prevent your boss from being able to argue that you did agree to the move.

If you refuse to transfer to another location, and your employer 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.

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• Do I have to tell my employer I’m working from another province?
• Can Suncor Energy force me to move from Toronto to Calgary?

Can I be forced to relocate through my employment contract?

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

However, it’s rare for these agreements to 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 software engineer working in Mississauga, was told by her boss that the company was moving her to their Edmonton office.

When she objected to the transfer, her employer claimed that the relocation clause in her employment contract gave the business the right to move her 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 her employment contract, it clearly stated that the company only had the ability to move her between offices in the Greater Toronto Area (GTA).

Since her employer didn’t have the right to transfer her to another province, we were able to help the software engineer 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

Mutual understanding

In some cases, employment contracts don’t contain relocation or mobility clauses, but there is a mutual understanding between a worker and their employer that a transfer may occur.

Depending on the unique circumstances of the situation, a company might be able to move an employee to another location.

My employer gave me advance notice of the relocation, can I still refuse the change?

The short answer is yes. Non-unionized workers in Ontario don’t have to relocate — even if their employer gave them advance notice of the move.

However, if you are told that the transfer is scheduled to take place on a specific date, this would be considered working notice.

In many cases, companies will let staff go if they still refuse to relocate at the end of the working notice period. If you are fired for not moving to another location, regardless if you received working notice, contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

We can help you determine your severance entitlements and whether you are owed additional compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: What to know about working notice
• Employment Law Show: You’re still owed severance if…
• Do I have to look for a new job after getting fired?

Can my employer punish me if I refuse to relocate?

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

Major modifications, such as a demotion, longer shifts, or a reduction in pay, are illegal in Ontario.

If you refuse to relocate, and substantial adjustments are made to the terms of your employment shortly after, contact Samfiru Tumarkin LLP immediately.

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: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my employer fire me for refusing to relocate?

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

This is called a termination without cause. Non-unionized employees in Ontario 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 transfer to another location, but you previously agreed to a relocation 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 Ontario: 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 Toronto and Ottawa have successfully represented numerous non-unionized individuals across Ontario.

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