THE QUESTION
My company was bought out by another company. For 18 years, I have serviced one particular area. Two years after the acquisition, the new company is having me work in another region. I would never have applied to a company that wanted me to work in that area. What are my rights? If I leave, do they owe me anything?
THE FIRST ANSWER
Bill Howatt
Chief research and development officer of work force productivity, Morneau Shepell, Toronto
Companies come and go, they're bought and sold. The average age of companies listed on the Toronto Stock Exchange is 24 years, suggesting that change is constant. Competition in a global economy is intense. Why your company was sold may be a good news story or it may be a case of survival.
Your rights in this case may come down to your employee contract and its specific terms. Typically, large employers have the right to move employees around, based on operational needs.
You certainly can express your preference and determine the consequences if you don't want to accept this reassignment. If you have not done so, it's good to get all the facts. Find out whether this is a request, or mandatory. It may have nothing to do with you as a person but is simply an operational need.
If this ends up being mandatory, it will be your decision to accept it or move on. Depending on your circumstances and career interests, you may not want to accept the change. But before making a final decision, it's wise to explore your options.
Change can be exciting or it can feel like a loss. How fast one can deal with a change will be influenced by their coping skills. If you're unsure how to cope, discuss your situation with a trusted source or employee assistance program representative to help brainstorm options.
THE SECOND ANSWER
George Cottrelle
Partner at Keel Cottrelle LLP, Toronto
While the change in your sales area is objectionable, it may not give rise to any employment rights. Generally, an employer can change a substantive employment term, but needs to provide the employee with reasonable notice. A change in sales area is not necessarily a substantive change. You have not explained your objections to the new area, or why the change was made. If you anticipate a substantial income reduction from lower sales, or the change in area requires that you move from your home, the transfer may constitute a substantive change in your employment. Your employer's reason for the change is important.
The sale of your company may be a consideration. If, as a result of the sale, you were hired by the new company, then the terms on which you were hired are relevant, including provisions regarding the potential realignment of your sales area. Further, if you had a change in employers, this could affect the period of reasonable notice at common law, both for implementing the change, and any constructive dismissal claim. Your prior employment would be grandfathered for your statutory severance rights.
Review matters with your employer to see whether your concerns can be resolved. The information you provided is not sufficient to establish a strong case for constructive dismissal, and you may have to accept the change in any event. If you resign and cannot establish constructive dismissal, you have no entitlement to severance or damages.
Got a burning issue at work? Need help navigating that mine field? Let our Nine To Five experts help solve your dilemma. E-mail your questions to ninetofive@globeandmail.com