Employment Law

Change of Work Location: Employee Rights in Ontario

forcing-staff-relocate-ontario

A sudden change to your work location can turn your routine upside down. Longer travel times, higher costs, and added stress can make a move feel unfair — especially if you never agreed to it. In Ontario, non-unionized employees have strong rights when an employer tries to change where you work. In many cases, a forced relocation may be illegal.

This guide explains what your rights are, what counts as a “reasonable distance,” and when a move becomes a constructive dismissal — meaning you may be owed full severance pay.


Can Your Employer Change Your Work Location in Ontario?

Your employer can’t make major changes to your job without your consent. That includes where you perform your work.

A change of work location is usually considered fundamental if it:

  • Significantly increases your daily commute
  • Creates new childcare or family challenges
  • Adds unreasonable travel expenses
  • Requires you to move homes or drastically alter your lifestyle

If the move is substantial, the law may view it as constructive dismissal — a situation where your employer hasn’t fired you outright, but they’ve changed your job so much that it becomes a termination without cause.


What Is a “Reasonable Distance” for Relocation in Ontario?

There is no fixed number of kilometres in Ontario law. Courts look at how the relocation affects your daily life.

A move is typically not reasonable when:

  • Your commute increases dramatically
  • You must take on major additional costs
  • Transit or driving time becomes unmanageable
  • It disrupts childcare or medical needs
  • It forces you into unsafe or unreliable travel
💡 A small shift within the same neighbourhood may be reasonable. A move across the city — or to another municipality — often is not.

Forced Transfer at Work: Is It Legal?

A forced transfer at work becomes illegal when it fundamentally changes your terms of employment.

Examples of unlawful forced transfers include:

  • Reassigning you to a location far outside your hiring range
  • Moving you to a job site that adds hours to your workday
  • Relocating you when your employment contract did not allow for it
  • Using relocation as a way to push you out or encourage resignation
⚠️ When this happens, you may be entitled to severance and should not resign before speaking with an employment lawyer.

Does Your Employment Contract Allow Relocation?

Some employment agreements in Ontario contain relocation clauses. Even then, employers must use them reasonably — they can’t rely on a vague sentence to force you into an unreasonable move.

Courts have rejected relocation clauses when:

  • The clause was too broad or unclear
  • The new location created a major hardship
  • The employer acted in bad faith
  • The move appeared punitive

If you never agreed to a relocation clause, you have even stronger protections.


Employee Relocation in Ontario: When It Becomes Constructive Dismissal

Relocation often becomes constructive dismissal when:

  • Your commute increases by a significant amount
  • You are told to move to another city or region
  • Your new location increases your costs or decreases earnings
  • The change feels like a demotion or punishment
  • You’re pressured to accept the move or lose your job

If constructive dismissal applies, you may be owed:

📲 Quick Starting Point: Use the Severance Pay Calculator to estimate how much you may be owed you before you sign anything.

Job Relocation: What You Should Do Before Responding

If your employer informs you of a relocation, take these steps:

1. Don’t Quit

Resigning can reduce or eliminate your severance rights.

2. Ask For Details In Writing

Get information on the new location, expectations, and timelines.

3. Track How the Move Affects You

Commute time, transit difficulty, costs, childcare impacts — all matter.

4. Check Your Employment Contract

A relocation clause may exist, but it must still be reasonable.

5. Get Legal Advice Before Agreeing

Many employees unknowingly accept changes that later harm their severance claim.


When to Contact an Employment Lawyer

If your employer is trying to change your work location, you don’t have to navigate the situation alone. A lawyer can quickly determine whether the change is reasonable — or if it amounts to constructive dismissal.

Contact Samfiru Tumarkin LLP to find out your rights before you respond to your employer. Our employment lawyers in Ontario can determine if the relocation is unfair, forced, or causes major disruption to your life — and how much compensation your employer owes you.

Our team has negotiated severance packages for over 50,000 clients since 2007, and is highly respected by employers across the country.

For most severance negotiations, we operate on a contingency fee basis, meaning you don’t pay unless we win.

📞 Call us at 1-855-821-5900email help@employmentlawyer.ca, or use our online form for a consultation.

⚠️ UNIONIZED? Contact your union immediately. By law, employment lawyers can’t represent unionized employees.

Think Your Employer’s Relocation Plan Is Unfair?

Speak to our Ontario employment lawyers about your rights before you agree to any change in work location.

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Advice You Need. Compensation You Deserve.

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