Can My Employer Stop Me From Moving?
- dukeanna555
- 2 days ago
- 7 min read
Relocating is a significant life event, often driven by personal aspirations, family considerations, or the allure of a fresh start. The decision to sell your home and plant roots elsewhere is deeply personal. However, the waters become muddied when your employment enters the equation. Can your employer dictate where you live? Can they legally impede your desire to relocate, or even terminate your employment for moving "too far"? In Ontario, the answer lies in a delicate balance between employee rights, employer needs, and the specific terms of the employment relationship. Read On to Learn More.
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1. Introduction--Personal Housing Choices vs. Work Obligations
First of all, your employer cannot legally stop you from selling your house or deciding where you want to live. Housing is your personal choice, and under most circumstances, your job can't control your living arrangements.
However, if your move affects your ability to perform your job—especially if you’re required to be in a specific place—then your employer might have a say in your continued employment.
The intersection of personal mobility and employment obligations presents complex legal challenges. In this article, we dissect the legal ramifications of an employee's decision to relocate, analyzing the interplay between contractual obligations, employer expectations, and the Human Rights Code.
Absent explicit contractual provisions, the analysis pivots on the implied terms of the employment relationship, particularly the employee's availability and the employer's duty to accommodate.
Furthermore, we explore the specter of constructive dismissal, cautioning employers against imposing unreasonable restrictions on employee residency. While termination for cause predicated solely on relocation remains a remote possibility, the prudent course of action lies in proactive communication and a nuanced understanding of one's legal entitlements. Remote working and flexible working arrangement resolve many unnecessary conflicts.
2. Employment Contracts and Location Clauses
Some job contracts include terms about where you need to live or work. For example:
"Must be within 30 miles of the office"
"Must be able to report on-site within one hour"
If you sell your home and move too far to meet those requirements, your employer may have legal grounds to terminate the contract. So before you move, check your employment contract to avoid surprises.
The cornerstone of any employment relationship in Ontario is the employment contract. A well-drafted contract will explicitly address the issue of relocation. For example, it might specify a geographic radius within which the employee must reside, particularly if the role requires frequent in-person attendance or client meetings. Such clauses are generally enforceable, provided they are reasonable and unambiguous. "Reasonableness" is assessed based on factors such as the nature of the job, the potential impact on the employer's business, and the geographic scope of the restriction.
However, many employment contracts are silent on the issue of relocation. In such cases, the law implies certain terms based on the established principles of contract law and employment standards legislation.
Relevant Articles of Interest:
Implied Terms and the Duty to Accommodate
Even in the absence of an explicit relocation clause, employers retain certain rights.
They can generally expect employees to be available and perform their duties. If relocation makes this impossible, it could constitute a breach of the implied term of availability. This is particularly relevant in roles requiring in-person attendance or those with strict or inflexible work schedules.
However, the employer's rights are not absolute. They are tempered by the duty to accommodate under the Human Rights Code. If an employee's relocation is linked to a protected ground, such as family status (e.g., moving closer to aging parents), the employer has a legal obligation to explore reasonable accommodations. This might include allowing remote work arrangements, adjusting work schedules, or re-evaluating in-person attendance requirements. The extent of this duty depends on the specific circumstances and whether the accommodation would cause "undue hardship" to the employer. Undue hardship is a high bar to clear and typically involves significant financial costs or disruption to the business.
Employers must be careful not to discriminate based on where someone lives or plans to move—especially if the move is due to family needs, caregiving, or housing affordability. While location can impact job performance, blanket rules like "We don’t allow people from that neighborhood" could be discriminatory.
If you feel your employer is treating you unfairly due to your housing choices, you may have a right to file a complaint under fair housing, labor laws, or human rights legislations.
Relevant Articles of Interest:
A Legal Analysis on the Medical Documentation in Disability Cases and the Duty to Accommodate
Age Discrimination vs. Bona Fide Occupational Requirement (BFOR)
Legal Analysis and Protection Against Religious Discrimination at Work
Gender Equality – Is Society Giving Equal Rights To Women As Well?
Duty to Investigate and the Sufficiency and Disclosurability of Investigation Reports
Constructive Dismissal: The "Too Far" Factor
What if an employer strongly discourages relocation, refuses to consider accommodation, or even threatens termination if an employee moves? This could potentially constitute constructive dismissal. Constructive dismissal occurs when an employer makes significant changes to the terms of employment – such as altering the job description, reducing pay, or creating a hostile work environment – that effectively force the employee to resign.
A refusal to allow relocation, or threats related to it, particularly in situations where remote work is feasible and the employee offers reasonable solutions, could be viewed as a substantial change to the terms of employment. If the employee resigns as a result, they may be entitled to damages for wrongful dismissal.
Relevant Articles of Interest:
Termination for Cause
It's highly unlikely that an employer could successfully argue that relocation alone constitutes just cause for termination. Termination for cause requires serious misconduct, such as theft, fraud, or repeated insubordination. Simply moving to a new location, without any other contributing factors, would rarely meet this high threshold.
A termination for cause without just cause for termination will likely result in a successful claim of wrongful dismissal.
The duty to investigate is triggered when an employer intends to terminate an employee for just cause. The process by which employers decide to terminate an employee’s employment is also relevant in determining whether just cause can be made out and whether aggravated or punitive damages are warranted for the manner of termination.
At the very least, an employer wanting to dismiss an employee for cause should conduct a proper investigation appropriate in the circumstances before deciding whether to terminate the employee for cause.
Relevant Articles of Interest:
Practical Considerations and Open Communication
The best approach is always open and honest communication. Discuss your relocation plans with your employer as early as possible! Explore options for remote work, flexible scheduling, or alternative arrangements. Document all communication in writing. If your employer is unwilling to accommodate your relocation, seek legal advice from an experienced employment lawyer. They can review your employment contract, assess your legal options, and help you navigate the complex legal landscape of relocation and employment in Ontario.
If you're planning to sell your house and move:
Review your employment agreement
Talk to HR about your plans
Ask about remote work or hybrid options
Document all communications
Being transparent can help avoid misunderstandings and make the process smoother.
Remote Work and Location Flexibility
The rise of remote work has made location less important for many jobs. If you work remotely and are selling your home to move to a quieter or cheaper area, your employer likely won’t care—unless:
Your company has tax or legal restrictions tied to employee location
Your role occasionally requires in-person meetings or travel
In these cases, your employer might need to approve your new location, especially if you're crossing state or country lines.
Bottom Line:
You are free to sell your house and move. But if your new location affects your job duties or violates your work agreement, your employer might not be obligated to keep your role, unless your move is due to humanitarian reasons such as to accommodation for your family responsibilities such as child care or elderly care.
Always Remember--Knowledge is power. Understanding your rights and responsibilities is crucial to protecting your interests during this significant life transition.
To ensure peace of mind, always review your contract and speak with your employer as soon as possible. On the contrary, if you are relocating for humanitarian reasons and your employer does not allow you to, you should consult with an employment lawyer who is familiar with the intricacy of employment contracts and the Human Rights Code of Ontario, as well as its federal counterpart, the Canadian Human Rights Act.
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If you’ve been a victim of workplace harassment and discrimination, wrongful dismissal or constructive dismissal don't wait or there might be serious health implications to your mental and physical health.
You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights and your legal options.
With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.Â
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding workplace harassment and disability discrimination, and constructive dismissal will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio:
Anna Duke is an exceptional freelance content writer and blogger, well-known for her expertise on a variety of topics such as Health, Travel, Home improvement and more. To know more about her visit her personal site askpreeto.com.