Do I have to tell my employer I’m working from another province?

Unless your employment contract states that you can freely move around and work remotely in different provinces or countries, you need to get written permission from your employer.

If your company has a work-from-home policy, carefully review it. These agreements can include:

• Whether or not you have to work remotely in the same province or country
• Specific locations that you are allowed to work remotely from (i.e. your home or a private office space in your area)

Why won’t my company allow me to work remotely from wherever I want?

There are a variety of administrative and tax implications that your employer has to consider before allowing you to work anywhere in the world.

• Example: If an individual is working for a Canadian company in Brazil, the employer has a responsibility to comply with the tax laws in Brazil. The company would have to take the appropriate steps to ensure that they are abiding by the laws that govern corporate taxation in the employee’s work location. If the worker keeps moving around to different countries, the employer would have to keep repeating this process.

Employees can also face immigration issues (i.e. the need for a work visa) if they are looking to work for a Canadian company outside of Canada.

Can my employer punish me if I don’t tell them I’m working from another province?

Yes. You could face punishment if you don’t get approval from your employer to move to another province and work remotely from a new location.

If your company is fine with you working remotely from another province, make sure to get the approval in writing.

Keep all emails, letters, or text messages that show your employer’s support of the move to ensure you can’t be disciplined for it at a later date.

LEARN MORE
• Employment Law Show: Reprisals at work – What employees need to know
• What rights do employees have to continue working remotely after COVID-19?
• Employment lawyer on employees debating a return to the office

Can my employer fire me if I don’t tell them I’m working from another province?

The short answer is yes. Non-unionized employees in Canada can be let go for any reason as long as they are provided full severance pay and the reasons for their dismissal are not discriminatory. This is called a termination without cause.

If your employer finds out that you are working remotely from another province and asks you to return to your approved work location, it could be seen as insubordination or job abandonment if you refuse.

This situation could potentially allow your company to fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

SEE ALSO
• Can my employer fire me over Zoom or video conferencing?
• Can I get my job back if I am fired?
• Do I have to look for a new job after getting fired?

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

Ernst v. Destiny Software Productions Inc.

The Supreme Court of British Columbia ruled that Destiny Software Productions (Destiny) had just cause to fire Dean Ernst, a key executive, who moved from Alberta to Mexico without giving notice.

Ernst argued that his employment contract allowed remote working and didn’t specify which location he could work from.

The court found that his unilateral move to Mexico, and his subsequent refusal to accept Destiny’s directive that the move was unacceptable, gave the company cause to fire him.

Lost your job? Speak with an employment lawyer

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

Our employment lawyers in Ontario, Alberta and B.C., working through our Toronto, Ottawa, Calgary, and Vancouver offices, have helped tens of thousands of individuals across Canada resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.