Employment law in canada regarding relocatiojn. Discussed with manager. Not union, job is salaried. Ontario based office

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Customer: Employment law in canada regarding relocatiojn
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: discussed with manager
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: not union, job is salaried
JA: Anything else you want the Lawyer to know before I connect you?
Customer: ontario based office
Answered by Debra in 11 hours 2 years ago
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Debra
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

Please let me know the basic facts and then your specific legal question.

Thanks

Customer
Hi
Customer
My husband was hired by the Ontario office for his company Wesco 2 years ago and he was based at their office there. In March during covid start the whole team went remote. He spoke to his boss and we went to British Columbia to be with family. He continued to work remotely and worked Ontario time zone. We have decided to stay in bc, his boss has asked for his resignation. They have a meeting Tues and we are wondering if he can ask for a package or be laid off instead to collect ei.
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Debra, Expert

Are you saying the employer will no longer allow him to work remotely but wants him back in the office?

Customer
Hi
Customer
1 month ago his manager sent out an email to the entire team saying it was voluntary to return to the office
Customer
Everyone is still working remotely. The workload is quite light for everyone right now because business has dropped. Everyone's wages are being gov subsidized
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Debra, Expert

So are they now saying it is not voluntary any more and to come to work at the work place or quit?

Customer
No they haven't officially sent that message out. My husband is moving right now and went back to the Ontario office Friday. He ran into his boss who said "we need to resolve things. It's gotta be either you or me, let's meet tues".
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Debra, Expert

There is no law that says the employer must allow an employee to work remotely and so if the employer is saying come to work or quit your spouse may just have to quit.

If the employer is wiling to say he was dismissed without cause then your spouse will be eligible for EI.

But your spouse is not entitled to termination pay if he is resigning because he won't come to work physically or if he is dismissed for this reason as it would be a just cause dismissal.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Wesco has to say that he was laid off (in other words dismissed without cause) for him to be eligible for ei.
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Debra, Expert

Yes that is correct.

Customer
Would it make a difference for him to get in writing from his manager that they refuse to relocate him to bc? I saw on the government ei website that you may be eligible for ei if you follow a spouse/child to a new province as long as you've taken the effort to avoid quitting. A way to avoid quitting would be to ask for a transfer.
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Debra, Expert

That is true if he followed you. That means if you had to move and to be with you he quit and moved that would make him eligible for EI.

Customer
Do I need a verified reason to have moved?
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Debra, Expert

Yes for sure.

Customer
What type of reason?
Customer
I work management consulting contracts and the office is in Ontario. Business dropped to almost zero since covid and I've relocated to try and build up my self employment here in a different market.
Customer
The firm that I did freelance work for is based in Ontario. However I am self employed.
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Debra, Expert

That is not a reason that would work. You chose to move to BC.

A reason is if your employer transfers you.

Customer
Any other type of reason available? We have a 5 year old son and elderly parents.
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Debra, Expert

No that is not what EI means.

Customer
OK so my only option at this point would be to see if Wesco will agree to lay him off.
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Debra, Expert

Yes that is right.

Customer
OK thank you very much for your perspective. That brings clarity on how to manage the situation and walk away with a positive relationship.
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Debra, Expert

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

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