By: Julius Melnitzer | November 25, 2025
With travel to the U.S. becoming anxious, if not risky, for many Canadians, employers are facing the prospect of employees refusing to travel south of the border.
But can employers require employees to do so, and do employees have a basis on which to refuse? “My advice to employers is not to assume that employees are entitled to refuse, but also not to assume that employees have no right to refuse,” says Abigail Herrington, a labour and employment lawyer with McInnes Cooper.
Much of the concern arises from Trump-era policies that have increased scrutiny at the border, including potential entry restrictions on travellers who have the gender marker ‘X’ on their passports and an uptick in searches of private electronic devices by border personnel. MORE . . .
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at julius@legalwriter.net or on his website.
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