I’ve been with a Canadian company for 8 years, and I’ve had a solid work record and a few promotions over the years. Back in Canada, I felt safe in my position because it was hard for the company to fire someone without a strong reason, and the law often required a decent severance.
Recently, I got an opportunity to manage a region in the US, so I moved to Texas. The company arranged my L1A visa and is helping with a green card application. To pay me in US dollars, they are ending my Canadian employment and rehiring me through their US office.
My main worry is that the new contract says my job is “at-will,” meaning they could let me go any time. Does this mean my years of experience and history with the company in Canada won’t matter anymore? In Canada, I had more security, even if they fired someone with a reason. Should I be worried about this move, and is there anything I can do to protect myself?
Has anyone gone through something like this? I’d really appreciate any advice.
I’ve been in a similar situation. I moved to the US for work about 12 years ago with the same company, and I’m still enjoying it. So, if the company is good, there is some level of security, but you just need to stay on top of your game.
Working here is completely different from Canada. There’s no formal contract for most roles; you can be let go for any reason, even without notice, and there’s no requirement for severance. US federal laws and Texas state laws apply to you now, and to be honest, they’re not that protective.
You’re probably not signing a contract; it’s likely just an offer letter, which doesn’t legally bind them. You don’t need to agree to “at-will” because it’s just the standard here.
@Lennon
So if they let me go, I won’t get any severance, and I’ll have to cover all my own costs if I need to move back to Canada? That could cost around $5-8k. I’m starting to wonder if I made the right choice.
Is it the same situation in states like Oklahoma or Arkansas?
It’s the same all over the US. Some states may offer things like mandatory sick leave, but in terms of at-will employment and severance, the basics don’t change.
Larkin said: @Lennon
Actually, Montana is the only state without at-will employment.
Right, but even in Montana, there are exceptions. For example, during a probationary period (usually six months), you can still be let go without cause. The protections only kick in after that period, and even then, there are some exceptions.
Since you’re working for the company’s US office now, you’re under US employment laws. Your Canadian seniority and history won’t really matter here. There’s no requirement for severance or notice if they let you go, unless it falls under the WARN Act.
Texas doesn’t have a lot of worker protections, and unless you have an actual contract; which is very rare here; your employment is at-will. This means either you or the company can end it anytime without needing a specific reason.
If you browse through some other threads, you’ll see this topic comes up a lot. Unfortunately, it’s a common issue in the US.