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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3361
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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Don't want to relocate for job. What are my options?

Customer Question

I've been working with my employer for 18 yrs.. Last year employer told us that we will be moving from Eglinton East to Yonge/Yorkmills on Sep 2016 which is not far from the current location but today they announced that our department will be moving to Pickering which my commute time will be changed from 30 mins to 1 her and 34 mins+. This change in location will be happening on Sep 15 this year. If I don't want to go, what are my options?
Submitted: 4 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 4 months ago.

Who is the employer? Do you belong to a labor union? Are you considered management?

Customer: replied 4 months ago.
D+H Ltd.
No labour union.
Not a management. Just a payroll analyst.
Expert:  Ulysses101 replied 4 months ago.

What's your approximate salary? What's the job market like for your position and skills?

Customer: replied 4 months ago.
$60k plus.
There are opportunities there. But I just don't want to quit. I want severance payment.
Expert:  Ulysses101 replied 4 months ago.

Well, what you'll be doing is quit and then claim that you were constructively dismissed because of the employer's change to your job duties or work environment.

It's very possible that you will be able to negotiate a severance with the employer. They don't generally want to litigate employment issues, that takes time and money away from the work of the business.

However, if push comes to shove and this goes to court you might find that the court doesn't agree that a move of employment location to Pickering isn't such a radical change in your working conditions that you can consider yourself terminated.

Before you make any decisions, go see an employment lawyer and talk to them about it. If you want to try to leverage a severance you'll certainly need a lawyer's help with this.

Does that make sense?

Expert:  Ulysses101 replied 4 months ago.

I was thinking of your question earlier today, and even though this is off topic it's something to think about. I spent some time in Port Hope recently. Rents there are higher than one might expect, but real estate there is a steal. If you own in Toronto, this is the time to sell and buy something much cheaper. If you rent in Toronto, you could buy in Port Hope and spend far less on your mortgage than your rent in Toronto. And with the GO service and 407 extending east in the upcoming years, buying a home in PH is a lock. I very nearly invested in some rental property there, but I have kids entering university soon so I need to be more liquid for the next few years. Port Hope is a nice little town, and a reasonable commute to Pickering.

Port Hope still has the miasma of nuclear processing there from decades ago, so the real estate market has been slow forever. A little further east in Cobourg is costlier.

Just a thought. With the same income you could make your housing dollar go a lot further. We both know that $60,000 income isn't a lot for living in Toronto proper. I suspect that rents in Bowmanville or Newcastle are reasonable too. As you get closer to Toronto though it spikes.

Is there anything else about your employment issue you'd like to discuss?

Expert:  Ulysses101 replied 3 months ago.

The question thread is still open, so I'm just checking in.

What did you decide on the relocation issue?

Ulysses

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