The ability to work remotely has not only changed how we perform our job duties, but where we’re able to do so.
Several of my clients, who are no longer required to come into the office, have asked me if they need to tell their employer that they are planning to work remotely from another province.
The short answer is yes. Here are the top three reasons you need to inform your company of your plans to relocate.
1. Your employment contract might prevent you from relocating
A growing number of employers have added a work-from-home policy to their employment contracts.
The policy could require you to work remotely in the same province and highlight specific locations that you are allowed to work from, such as your home or a private office space in your area.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
Unless your employment contract states that you can freely move around and work remotely in a different province or country, you need to get written permission from your employer.
Before finalizing plans to relocate, have an experienced employment lawyer, like the ones at Samfiru Tumarkin LLP, review your agreement.
My firm can help you determine if there are any clauses in your contract that limit where you are able to work remotely.
2. You could be punished for relocating without telling your boss
If you don’t tell your employer that you are working remotely from another province, and your decision causes loss or harm for the company, you could face punishment.
READ MORE: Forced to take pay cut to continue working remotely? Here’s how you could get severance
Unless you ask, you won’t know if your employer is fine with you relocating. If you do get the green light to work remotely in another province, make sure you get the company’s approval in writing.
Keeping all letters, emails and text messages that show your employer’s support of the move will help ensure that you aren’t disciplined for the relocation in the future.
READ MORE: 5 of the most common employer mistakes — and what employees can do about them
3. You could be fired for not telling your boss you relocated to another province
Non-unionized employees can be fired or let go for any reason as long as they receive full severance pay and the reasons for their dismissal aren’t discriminatory. We refer to this as a termination without cause.
READ MORE: What you’re getting wrong about terminations, according to an employment lawyer
If you don’t get permission from your company to work remotely in another province, they might ask you to return to your approved work location. Failure to do so could be seen as insubordination or job abandonment.
This situation would likely allow your employer to fire you for just cause, which would prevent you from receiving a severance package or employment insurance benefits.
READ MORE: Law firm’s tool helps employees figure out how much severance they’re owed if fired
An employment lawyer can help you enforce your workplace rights
If you are fired or lose your job for relocating to another province, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.
My firm has helped tens of thousands of individuals in Ontario, Alberta and B.C. resolve their workplace issues.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
Our lawyers can review your situation, enforce your rights and ensure that you receive the compensation you are owed.
Fired or lost your job? Not sure if you received the severance you’re entitled to?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta or British Columbia. 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 free advice as the host of Canada’s only Employment Law Show on TV and radio.