After a gruelling commute from Burnaby to downtown Vancouver, one of our clients—a logistics manager—wasn’t expecting his boss to greet him with an ultimatum.
The individual was told that the company needed him to relocate to their office in Kelowna as part of an “organizational restructuring.” If he refused to do so, his boss would be “forced” to demote him and “substantially reduce” his pay.
Shocked by the update, the logistics manager asked if he could have until the end of the day to “think things over.” Before heading home, he sent an email to his employer—rejecting the ultimatum and asking if “other options” could be explored.
Unfortunately, this didn’t happen. The company decided to make the relocation mandatory—claiming that his employment contract gave them the right to do so.
The logistics manager was warned that he’d be “fired for cause immediately” if he didn’t begin working at the Kelowna office by the designated date.
Extremely tempted to resign, he asked his spouse what he should do. He was encouraged to print off a copy of the email conversation and contact Samfiru Tumarkin LLP.
Following our review of the logistics manager’s employment contract, we didn’t find a clause that gave his employer the ability to transfer him to another workplace or office without his consent.
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As a result, we were able to secure a comprehensive severance package for our client through a constructive dismissal claim.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
While justice was served in the logistics manager’s case, many non-unionized workers in British Columbia aren’t aware of their rights when significant adjustments are made to the terms of their employment—putting them at risk of making a major legal mistake.
If your employer is forcing you to relocate to a new workplace or office, and you don’t want to, here are three things you shouldn’t do.
1. Don’t do anything drastic
It’s not uncommon for British Columbians to “see red” when unwanted changes are made to their job.
In the heat of the moment, it can be very tempting to lash out at your employer or do something drastic, such as resign. However, keeping your cool is crucial.
Severance for non-unionized employees in the province can be as much as 24 months’ pay. Getting angry or doing something to hurt the company could affect the amount of compensation you’re legally entitled to.
READ MORE: 5 things employees should never do before talking to an employment lawyer
Just like the logistics manager, your best course of action is to remain calm and contact my firm. We can review your situation, assess your legal options and help you secure every cent you’re owed.
2. Don’t let time pass before rejecting the change
In addition to remaining calm, it’s crucial that you immediately reject the relocation request in writing.
Clearly state in a letter, email or text message to your employer that you don’t consent to being transferred.
Timing is everything. If you let too much time pass before objecting to the change, the company could argue that you were fine with it.
3. Don’t accept a new employment contract on the spot
In my decades-long experience, employment contracts often take away key protections that would otherwise be available to non-unionized workers.
If your boss suddenly asks you to sign a new agreement after rejecting a relocation request, don’t accept anything before speaking with my firm.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
The company can’t legally force you to accept a new contract on the spot or a few days after it was provided to you.
Let us fight for you
If major changes have been made to your job without your consent, contact the experienced employment law team at Samfiru Tumarkin LLP.
My firm has helped tens of thousands of non-unionized individuals in B.C. quickly and effectively resolve various workplace issues, including constructive dismissals.
READ MORE: 5 ways the Pocket Employment Lawyer can unlock your workplace rights
Our goal is to deliver the results that matter to you. We’ve structured our fees to be as transparent, fair and accessible as possible.
Boss forcing you to relocate? Not sure if you’ve been constructively dismissed?
Contact the firm or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.