Can an Employer Make You Move to Keep Your Job?

Can an Employer Make You Move to Keep Your Job?

Moving is a challenge in the best of times.  It often means uprooting yourself from your support networks, arranging the transport of all your belongings, dealing with myriad paperwork, and so on.  It only gets more difficult when you also have a family to make arrangements for, either to move with you or otherwise adapt.  But can an employer make you move in order to keep your job?

The answer largely depends on what the terms of your employment contract is.  If there is a written agreement that explicitly lays out a right for the employer to change the location of work, even if it requires a move, then there might not be much ability for an employee to refuse.  The condition of employment was clear at the time of signing, and this highlights the importance of getting job offers reviewed by experienced employment counsel.

What Happens if a Job Requires You to Move Unilaterally?

If there is such a written condition but it is more vague, or if there is an unwritten rule regarding same, it becomes a bit more murky for the employer.  It will depend on the facts of the scenario, such as the terms of the agreement and the details of the requested move.  If the move is not justified per the above, this could constitute a unilateral material change to the employment agreement.

Finally, if a contract lays out just a specific workplace, or if there is no mention of a right to move an employee, it further strengthen the argument that such a demand is a unilateral material change to the employment agreement.

What Are Your Rights If Your Employer Changes Your Work Location?

An employer does have some flexibility to run its business as it wishes.  A change in work locations that does not require a move by the employee is likely to fall under that umbrella.  The real exposure for an employer appears if a change in location either significantly changes the required commute or necessitates a physical change in residence.

To impose a unilateral material change to an employment agreement, an employer must provide either consideration that an employee agrees to (something in exchange, such as a signing bonus), or provide reasonable notice of the change.  If not, there might be a case for constructive dismissal.  This means that even if you haven’t been dismissed in the normal course, you might still be entitled to a significant severance package.

In short, if you’re asking can an employer make you move to keep your job? The answer is, as is often the case, that it depends on your circumstances.  If you find yourself being forced to move to keep your job, there is a chance you might have been constructively dismissed.  An experienced employment lawyer can help you judge the strengths of any potential case and what your best next steps might be in order to maximize any potential severance package.  If you have any questions regarding moving requirements in your employment, please contact Whitten & Lublin online or by phone at (416) 640-2667 today.

Author – Sohrab Naderi