A job change can have a significant impact on your personal life. This may not stop your employer from trying to get you to move. Whether the employer has the right to move you or whether it is a constructive dismissal depends on the circumstances of your employment. In the second case, the employer decided to move its offices from Vancouver to San Francisco, but had never told its employees that a move would be necessary. An employee refused to move and the employer treated her as fired. It was an illegal dismissal. The employer did not have the right to transfer the employee who could not be considered dismissed. She was entitled to 12 months` reasonable notice, including the payment of significant premiums she would have earned during the 12-month notice period. If the employer does not have the contractual right to relocate you, they have another option. The employer can make changes to your job by notifying you in advance.

This includes changes to your location. So if you`ve worked in a company for five years and they want to move you but don`t have the contractual right to do so, they can let you know in advance about the move – probably in the range of five to eight months, depending on your job details. The notice period required before the move corresponds either to the contractual notice period or to the reasonable notice period if the contract does not provide for the necessary termination. The first question is whether you knew or agreed that moving was a possibility when you started working. The relocation costs clause provides that the employer reimburses the employee for relocation costs incurred as a result of the employment. Some clauses allow for the reimbursement of all “reasonable expenses”, while others set a cap on the amount of reimbursement. Some clauses also define the relocation costs expected by the clause. If you have a high-level position that you will keep after the move, you can be expected to accept the move. The next important question is what impact the move will have on you. This question is about both the impact on your life, for example.

B if you will be away from the family, and on your position, para. B example, if you perform the same tasks or if you have the same hierarchical structure. The more efficient the move, the less likely it is that the employer will have the right to move you. This clause is not as common and only appears in 10% of executive employment contracts, but will likely be part of the negotiations if an executive from another city is hired. Important measures, such as in another country or city, usually require prior consent. If the move is more local, the impact of the move will be weighed against the importance of the position. In one case, an employer attempted to force a move that extended the employee`s journey by forty minutes. It was a constructive dismissal. The employee had the right to work from her city office and could not be forced to move. Even if your original lease didn`t plan to move, it may have become a term later.

For example, you may have been promoted and signed a new contract with a relocation clause. Often, we see an expectation of mobility for senior managers that does not exist for young employees. In the first case, the employee accepted a job knowing that her service would be transferred from Calgary to Fort McMurray shortly after she was hired. She moved and accepted $35,000 in moving expenses from the company. Then she quit her job and went to another company in Fort McMurray. The employer brought an action for reimbursement of his relocation costs. The employee stated that she was dismissed in disguise by the move and that the relocation costs were non-refundable. The court found that the employee had not been constructively dismissed because she was aware in advance of the upcoming move. It had to reimburse the relocation costs. reimbursement of reasonable removal expenses incurred by [Part B] in moving from their place of residence and family; If your employer is trying to move you, the answer is not as simple as deciding whether or not to move to the new location. The expectations of both parties must be taken into account, as well as the impact that the move will have on you.

If you are facing a move, contact us to know your rights and find the best way for you. Relocation costs. [PARTY A] will reimburse [PARTY B] for the following costs incurred in connection with the move from [PART B] to [LOCATION], the amount of which will not exceed $[150,000.00]: Their acceptance is more obvious if the employment contract contains a valid “relocation clause” or “mobility”. This gives the employer the right to move you to another location. If such a clause exists, the employer can probably make you move within the limits of the clause. For example, if the clause provided for a move between offices in the Greater Vancouver Area, the employer would not legitimately persuade you to move to Victoria. You might agree with that, but it would not be a requirement for employment. If the employment contract does not contain a moving clause, but you knew there could be a move, the employer may be entitled to move you. Here are two cases that illustrate this point. If you refuse to move at the end of the reasonable notice period, the employer may terminate your employment relationship. Determining whether you had the right to refuse or whether the employer legally dismissed is a matter that usually requires the expertise of an employment lawyer. This can mean the difference between termination and a significant severance claim.

Relocation costs. [PART A] will reimburse [PART B] reasonable expenses [up to $[REIMBURSEMENT LIMIT]] incurred in connection with the move to the [PLACE OF RELOCATION]. reimbursement of costs incurred by [PARTY B] in connection with the tariff and mileage between [PLACE] and [PLACE] until the expiry of the 180-day period from [1 January 2017]; and a full gross tax payment to reimburse [PART B] the taxes it incurs upon receipt of refunds under this Article [MOVING SERVICES]. .