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Legal Ease
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Category: Canada Law
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I need a consultation on an employment contract as I am transferring

Customer Question

I need a consultation on an employment contract as I am transferring from Fresno, CA to Calgary, AB. What needs to be covered in moving from the USA to Canada? I have moved overseas and other companies have assumed all expenses. The offer letter I signed states that moving expenses are subject to approval. Can I have those items covered in an employment contract in transferring to Canada? What about any contingencies if my role is changes and/or eliminated. What is the company required to do if they terminate and with it the work permit. Am I responsible to cover all costs to move back to the USA?
Thanks.
Submitted: 1 year ago.
Category: Canada Law
Expert:  dkaplun replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
Before we begin I would need to know if you need to speak to a US based attorney or a Canadian attorney. Is there a 'choice of law' clause in this agreement, and if so, does it state that all disputes will be settled in Canada or in the US? Is this a part-time contract to Canada, or full-time employment without an end date?
Customer: replied 1 year ago.
Parent Company is a US based company with an affiliate in Canada which was acquired a few years ago. There is signed offer letter, no formal agreement thus no choice of law clause. This is a full time position...an executive position as Vice President of Sales. The work permit application shows 3 years but the intent is this to be permanent.
Expert:  dkaplun replied 1 year ago.
Hi,
And this is going to be in Canada, correct?
Customer: replied 1 year ago.
Yes Calgary Alberta
Expert:  dkaplun replied 1 year ago.
Hi,
This would be likely governed by CA law...while I can answer the US law implications, it would likely be best to get you to our Canada law section. One moment, please.
Sincerely,
Dimitry, Esq.
Expert:  socrateaser replied 1 year ago.
Hello, Different contributor here. Please permit me to assist. You asked: What needs to be covered in moving from the USA to Canada? 1. You must obtain a temporary work permit for employment in Canada. You would want your employer to handle the entire application process and all associated costs, so that you are certain to be admitted for employment into Canada, before you prepare to move. The worst thing that could happen would be that you have made relocation arrangements, only to find at the last minute that you cannot work in Alberta. 2. The employer must agree in advance to unconditionally pay all relocation costs, and all return relocation costs! Many employees have been terminated from employment while outside of the USA, and left without any financial means of returning. Unless your employer is very large (e.g., S&P 500), I would suggest that the reasonably foreseeable cost of your relocation to and from your new place of employment is paid to you in advance, so that you know you will be able to return without difficulty. I have moved overseas and other companies have assumed all expenses. The offer letter I signed states that moving expenses are subject to approval. Can I have those items covered in an employment contract in transferring to Canada? A: You can, and you should. If your employer refuses, then don't go. What about any contingencies if my role is changes and/or eliminated. What is the company required to do if they terminate and with it the work permit. Am I responsible to cover all costs to move back to the USA? A: Answered above. Also, there are two important laws that can be used to protect you. First, Rev. Stat. Alberta Ch. E-9 Section 3(2), "If under an agreement an employee is to receive greater earnings, maternity and parental leave, reservist leave or compassionate care leave than those for which this Act provides, the employer must give those greater benefits." In other words, you can contract for whatever you want, and if what the employer agrees to is more beneficial than the minimum requirements of Canada law, then that employment contract controls, regardless of Canada law. Second, California Labor Code Sections 970-972 gives you a claim for "double damages" if an employer induces you to relocate to any location inside or outside of California by means of misrepresentation. So, if the employer messes around with you, you have a lawsuit for a small fortune in damages, and since you are leaving from California, you can sue the employer in California if things go wrong. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Expert:  Legal Ease replied 1 year ago.
I am a lawyer in Canada and this question has just appeared on our list. If you need more information relating to the law in Canada let me know.If not but if you feel you need more information about the law in the US also let me know and I can ask the site to move the question back to the original list. The confusion here is that you are really dealing with two jurisdictions and each lawyer on this site can only answer about our own jurisdiction. So just let me know what you prefer.

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