For many Ontarians, it can come as quite a shock when their employer tells them that they must relocate to a new workplace or office.
In most cases, non-unionized employees say nothing – even if the transfer significantly increases their commute time or forces them to uproot their family. This is because they believe that their company has the right to do so.
The reality is that workers in the province can refuse major modifications to the terms of their employment.
When substantial changes are made to your job without your consent, there is a very good chance that you can treat it as a constructive dismissal.
In this situation, the law allows you to resign and pursue full severance, which can be as much as 24 months’ pay.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
Unfortunately, many Ontarians aren’t aware of their right to severance when they are constructively dismissed – putting them at risk of not receiving the compensation they are owed.
If your boss tells you that you must relocate to a new workplace or office, and you don’t want to, here are three things you shouldn’t do.
1. Don’t react in the heat of the moment
After several of my clients were informed that they had to transfer to a new office, they were ready to quit their jobs on the spot.
While it can be extremely tempting to do something drastic in the heat of the moment, such as resign, remain calm and seek legal counsel.
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If you quit your job without consulting an employment lawyer, you could unintentionally give up your right to a severance package.
In addition to severance, you won’t be able to access employment insurance benefits – further complicating your ability to support yourself financially as you look for new work.
READ MORE: 5 things employees should never do before talking to an employment lawyer
Losing your temper or doing something to negatively affect the company could also put your right to severance at risk. Don’t give your employer a reason to deny you the compensation you deserve.
Following the conversation with your boss about the relocation, continue to be professional and contact Samfiru Tumarkin LLP.
We can inform you of your legal options based on the specifics of the transfer.
2. Don’t let time pass before rejecting the change
As soon as you are told that you have to transfer to a new workplace or office, immediately reject the change in writing.
Clearly state in a letter, email or text message to your employer that you don’t consent to the relocation.
READ MORE: Boss gave you an ultimatum? 4 key rights you have
Timing is everything. If you let too much time pass before objecting to the transfer, the company could argue that you were fine with it.
3. Don’t sign a new employment contract immediately
If the employment contract you initially signed doesn’t allow your employer to relocate you to another workplace or office, you could be asked to accept a new agreement that does.
Before signing a new employment contract, have it reviewed by my firm. The company can’t legally force you to accept it immediately or a few days after it was provided to you.
In my experience, these agreements usually take away key protections that would otherwise be available to non-unionized employees in Ontario. We can make sure that your workplace rights are properly protected.
READ MORE: Given a new employment contract? Review these key clauses, employment lawyer says
Let us fight for you
When major modifications are made to a non-unionized worker’s job without their consent, it can create significant amount of mental and financial distress.
If you refused substantial changes to the terms of your employment, and your boss proceeded with them anyway, contact the experienced employment law team at Samfiru Tumarkin LLP.
We have helped thousands of non-unionized employees in Ontario enforce their rights and secure the compensation that they are legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
One of my clients, a financial consultant working in Milton, was informed during a phone call with his manager that he was being transferred to the company’s office in Ottawa.
Immediately after the call, he clearly stated in an email to his employer that he didn’t approve of the relocation.
A week later, the company responded to his email – claiming that his employment contract gave them the right to transfer him. The employee was warned that if he didn’t begin working at the Ottawa office by the designated date, he would be fired.
While he was extremely tempted to quit his job on the spot, he remained calm and contacted Samfiru Tumarkin LLP.
After reviewing his employment contract, I 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, I was able to secure full severance pay for the financial consultant through a constructive dismissal claim.
Boss made major changes to your job without your consent? Not sure if you’ve been constructively dismissed?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, Alberta and 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.