Is it safe to work from home in Canada for US company?

[kkk1234]

Hello everyone,

I had soft landed in Canada last year and want to start living there. I thought my company will transfer my job to Canada, but the higher up managers in the business unit that I work for, are playing politics and have declined my request to work from Canada for them. The company has a branch in Toronto and several people work from home in other provinces for the company. Even my manager said that there is no business reason for my request to be declined and told me that he was considering calling the ethics helpline and complaining anonymously about the higher up managers who are declining my request.

I can work from home. Can I just move to Canada and work from there, without the company knowing? I will look for jobs in Canada, but until I get a job in Canada, I am thinking I can work from Canada for the company without them knowing about it.

How risky would this be?

 

[scylla]

Hello everyone,

I had soft landed in Canada last year and want to start living there. I thought my company will transfer my job to Canada, but the higher up managers in the business unit that I work for, are playing politics and have declined my request to work from Canada for them. The company has a branch in Toronto and several people work from home in other provinces for the company. Even my manager said that there is no business reason for my request to be declined and told me that he was considering calling the ethics helpline and complaining anonymously about the higher up managers who are declining my request.

I can work from home. Can I just move to Canada and work from there, without the company knowing? I will look for jobs in Canada, but until I get a job in Canada, I am thinking I can work from Canada for the company without them knowing about it.

How risky would this be?

This isn't an immigration question. Recommend you find a labour / employment forum and post there.

 

[kkk1234]

But would I have any issues in Canada when filing taxes? I can file taxes mentioning that my income is from a foreign company?

 

[Copingwithlife]

No, I would be more concerned about your company finding out you are actually working in Canada, when they specifically told you it would not be authorized. This does not sound like a ethics concern, as Scylla, mentioned it is more a employment/HR issue.
What ethics have the managers specifically violated ? On the flip side, by you not abiding by your managers directions, and working in Canada when specifically told no, well, then ethics would come into play

 

[kkk1234]

What could the company do even if they find that I am working from Canada without their willingness? Fire me? I would be okay with that. What more could they do?
Managers just are declining my request to work from Canada solely because they just don't want to approve it. Like I said, many employees from the same business unit are working from Canada, so there is no apparent business reason for my request to be declined.

 

[scylla]

No, I would be more concerned about your company finding out you are actually working in Canada, when they specifically told you it would not be authorized. This does not sound like a ethics concern, as Scylla, mentioned it is more a employment/HR issue.
What ethics have the managers specifically violated ? On the flip side, by you not abiding by your managers directions, and working in Canada when specifically told no, well, then ethics would come into play

I would agree with this. I certainly would not recommend working from home from Canada against the instructions of your company. This is a bad idea and a great way to get yourself fired with grounds for violating the terms of your employment.

There are all sorts of tax and legal implications (including US employment law) a company has to deal with based on where an employee is located and when it comes to moving an employee/role. While it may seem simple to the employee to simply move a role between countries - it's not that simple for your employer at all. Trust me as someone who works for a global company and who has a global team. Not simple at all...

 

[kkk1234]

I would agree with this. I certainly would not recommend working from home from Canada against the instructions of your company. This is a bad idea and a great way to get yourself fired with grounds for violating the terms of your employment.

There are all sorts of tax and legal implications (including US employment law) a company has to deal with based on where an employee is located and when it comes to moving an employee/role. While it may seem simple to the employee to simply move a role between countries - it's not that simple for your employer at all. Trust me as someone who works for a global company and who has a global team. Not simple at all...

I agree it might not be simple, but it seems to be certainly doable. When so many other employees work from Canada for the same business unit, why only my request to do so would be declined?

 

[scylla]

I agree it might not be simple, but it seems to be certainly doable. When so many other employees work from Canada for the same business unit, why only my request to do so would be declined?

The employees that work from Canada, were they transfers from the U.S.?

 

[kkk1234]

The employees that work from Canada, were they transfers from the U.S.?

I am not sure if they were all transfers. But my manager had mentioned that the reason one of the higher up managers who declined my request was giving a very "petty" reason to not approve my request. Which makes me think that the higher up managers just don't want to approve because they don't want to approve. I personally know so many people from other companies, who were allowed to work from Canada for a US company. Even many have posted in threads on this forum. Like I said, I understand it is not simple, but it is certainly doable.

 

[scylla]

I am not sure if they were all transfers. But my manager had mentioned that the reason one of the higher up managers who declined my request was giving a very "petty" reason to not approve my request. Which makes me think that the higher up managers just don't want to approve because they don't want to approve. I personally know so many people from other companies, who were allowed to work from Canada for a US company. Even many have posted in threads on this forum. Like I said, I understand it is not simple, but it is certainly doable.

If they weren't transfers, then you are honestly comparing apples to oranges.

Anyway - ultimately up to you what you do. My two cents is not to go behind the companies back and work in Canada without authorization. This will almost certainly be a violation of the terms of your employment. Yes - the worst they can do is fire you for cause. However keep in mind that any new employer you approach will typically want a reference from your immediate previous employer. So IMO it's always best to try to leave on good terms.

 

[canuck78]

You also don’t know how the employees in Canada are actually working in Canada. Are they working out of the Canadian office which would make it much easier for tax reasons? Have they set themselves up as consultants? Do you have a US work permit or are you a citizen? You often need to be living in the US to qualify for the work permit. This is much more complex than just moving to Canada and continuing your job as if you were still living in the US.

 

[kkk1234]

You also don’t know how the employees in Canada are actually working in Canada. Are they working out of the Canadian office which would make it much easier for tax reasons? Have they set themselves up as consultants? Do you have a US work permit or are you a citizen? You often need to be living in the US to qualify for the work permit. This is much more complex than just moving to Canada and continuing your job as if you were still living in the US.

I chatted with a colleague who is sitting and working from home in Ontario and he is doing my exact job for a different client. We can look up the locations of colleagues on the internal Workday. There are so many of them working from home in BC, AB, MB, ON and NS. I think they are full time employees of the company. I am working in the US on H-1B. I have heard scores of people working from Canada for US companies. I am convinced now that my higher ups are just playing politics and just don't to approve my request. So I think you can stop supporting my company in this argument. As it is the big companies/corporates are ruining the world with their greed, they don't need more people arguing on their behalf..

 

[canuck78]

I chatted with a colleague who is sitting and working from home in Ontario and he is doing my exact job for a different client. We can look up the locations of colleagues on the internal Workday. There are so many of them working from home in BC, AB, MB, ON and NS. I think they are full time employees of the company. I am working in the US on H-1B. I have heard scores of people working from Canada for US companies. I am convinced now that my higher ups are just playing politics and just don't to approve my request. So I think you can stop supporting my company in this argument. As it is the big companies/corporates are ruining the world with their greed, they don't need more people arguing on their behalf..

A company can refuse your request to work from home from a remote location. Nothing you can do about it.

 

[21Goose]

I chatted with a colleague who is sitting and working from home in Ontario and he is doing my exact job for a different client. We can look up the locations of colleagues on the internal Workday. There are so many of them working from home in BC, AB, MB, ON and NS. I think they are full time employees of the company. I am working in the US on H-1B. I have heard scores of people working from Canada for US companies. I am convinced now that my higher ups are just playing politics and just don't to approve my request. So I think you can stop supporting my company in this argument. As it is the big companies/corporates are ruining the world with their greed, they don't need more people arguing on their behalf..

Well, even if your bosses are playing politics and don't want to approve your request, what can you do about it?

You can't force them to approve your request. If they don't want to, it's probably time to find a new job.