Menu
Call Us Today
416-616-5628
Return to Office or Lose your Job Tomorrow? Your Employee Rights and Protection

As an increasing number of Canadian employees are ordered back to the office from a remote or hybrid model, it is essential for them to know their rights and protections.

In recent months, many Canadian employers in both the public and private sectors have implemented return-to-office mandates, requiring workers who transitioned to remote or hybrid work during the COVID-19 pandemic to work in person again.

Can the Employer Force Me to Return to the Office?

The answer is, it depends, and it would be best to discuss your situation with a lawyer.

In example, a company can’t require a 65-year-old worker from Toronto to start commuting to Mississauga office after he has been working remotely for over eight years. Neither can an employer legally force an elderly person to return to the office when if he is too old to drive.

In Ontario, your employer can require you to return to the office after working from home (WFH) if it is an established term in your employment. Typically, a company has the right to decide the location of your work.

  1. Was there a formal written agreement between you and the employer outlining a remote or hybrid work arrangement? Alternatively, was there any informal contract, such as email correspondence, that could be interpreted as committing to such an arrangement?
  2. Was the arrangement indefinite or for a fixed term? Alternatively, was it subject to reassessment after a specific period? If the agreement explicitly specifies that the position is remote or hybrid, that provision would govern the terms of the employment relationship.

If the original contract did not account for any hybrid or remote work arrangements but such arrangements became necessary due to pandemic-related rules and restrictions, the longer an employer remains silent about the employee’s ability to work from home, the more likely it is that remote work will become an implied term of the employment.

Does my Employer Have a Duty to Accommodate my Working From Home?

Employees can request a hybrid work arrangement from their employer. However, employers are not legally required to approve this request unless the employee needs accommodation.

The Ontario Human Rights Code (the “Code”) mandates that employers must accommodate employees with disabilities to the point of undue hardship.

Who Is Still Most Likely Able to WFH in the Return to Office?

In Ontario, you can refuse to go back to the office if:

  • Initially Hired to Work Remotely: If you were initially hired to work remotely.
  • Remote Work as an Accepted Term: If you have worked remotely for a significant period, and remote work has become an accepted part of your job.
  • Unsafe Workplace: If the workplace is unsafe as per the Occupational Health and Safety Act (OHSA), employees have the right to refuse to return.
  • Medical Condition: Employees with a medical condition that requires accommodation, supported by a doctor’s note, can refuse to return to the office.
  • Childcare or Caregiving Obligations: Employees with childcare or caregiving responsibilities may have grounds to refuse a return to the office.

Do I Have a Claim if I am Forced to Return to the Office?

The concept of Constructive Dismissal becomes relevant in the context of returning to the office.

In Ontario, constructive dismissal occurs when an employer unilaterally makes significant changes to an employee’s terms and conditions of employment, which creates a hostile or intolerable work environment. This may include alterations to work hours, duties, or the physical work location.

Employees should be aware of their rights and, if faced with substantial alterations in their work conditions, contact De Bousquet PC to determine if your situation qualifies as a constructive dismissal.

What Should I Do After Receiving a Return to Office Mandate?

When your employer orders you back to the office, it is important to respond carefully to protect your job rights. Here’s how to handle it:

  1. Don’t Quit Right Away: Don’t rush into quitting or threatening to leave. If you resign on your own, you might lose your right to severance pay.
  2. Ask for Clarifications: Get written answers from your employer about any issues stopping you from returning. Make sure they know you are challenging their request and why.
  3. Keep Records: Save all documents and emails related to your job and the return-to-work order.
  4. Get Legal Advice: Talk to an employment lawyer for guidance.

Lost Your Job? Talk to an Employment Lawyer:

The return to office after working from home can be a significant change for employees and navigating the challenges of a “Return to Office” mandate is crucial.

If you have been fired or let go as a result of a Return to Office, contact the experienced employment law team at De Bousquet PC.

Our lawyers in Toronto, Etobicoke, Mississauga and Hamilton have successfully represented hundreds of employees over the years. Call us now!

 

 

Scroll To Top