Have you received notice that your ability to work remotely has been changed or even eliminated? If so, you are not alone! Many companies have issued such changes to their remote work policies, often referred to as “Return to Office (RTO)” or “Back to Office (BTO)” mandates. According to a Forbes article, “What’s striking is the decline of fully flexible arrangements. Companies aren’t just suggesting office time — they’re mandating it.” For most workers, such mandates raise several questions. Can they do this? Do I have to comply? Can I be fired if I refuse? These concerns will be examined in this post.
While numerous combinations of remote and in-office work are possible and do exist, most fall somewhere within a spectrum of four major categories.
Working Remotely is a Mixed Bag
It’s important to remember that remote work is still a relatively new concept for many organizations. Before the COVID pandemic, the idea of having employees working from home was largely considered unfeasible, perhaps even ludicrous. However, the changes necessitated by the pandemic demonstrated that, in many cases, remote work was not only viable but may also offer benefits. The advantages and disadvantages of remote work can sometimes be confusing or contradictory.
- Some companies believe they are losing productivity, and thus profit, because employees may not actually be working during all their scheduled and paid time.
- By using remote workers, companies save significant money by minimizing or eliminating the need for office space and other facility resources when all work is performed in the office.
- Because monitoring the productivity of remote workers can be difficult, management may not be able to evaluate employee performance accurately.
- Having staff work together in person helps build teamwork and comradery.
- Remotely working can adversely affect career advancement. A Forbes article cited sources indicating remote workers were 31% less likely to be promoted in 2023 than their in-office peers.
- Commuting to the office, sitting at a computer, and performing exactly the same work that could be done at home seems illogical.
- Similarly, going into the office only to have online meetings with other staff that may be physically sitting in nearby cubicles seems downright ridiculous.
- Remote work can yield different levels of employee satisfaction. Some may feel a significant increase in morale, while others may experience some level of isolation and depression due to a lack of physical social interaction.
- By not commuting to work, remote workers can save significant money by minimizing expenses due to vehicle wear and tear, fuel, parking, bus/train/subway, etc. These savings may feel like a pay raise!
- Similarly, depending on dress code/norms or other clothing requirements, remote workers may save on the expense of clothing purchases.
- Remote workers may feel they have more time each day to interact with their families and accomplish personal tasks, resulting in improved satisfaction and possibly less unscheduled time off (calling off sick, not due to illness, but to handle other matters).
Can My Employer Force Me to Return to the Office?
That’s a great question, especially if you have already been working remotely for some time and feel that the arrangement has been effective for both you and your employer. Let me begin by stating that I am not an attorney and cannot provide legal advice, so we must rely on qualified resources. If, in your situation, returning to the office presents a severely unacceptable hardship, you may wish to consult a qualified labor attorney for guidance based on the specific laws applicable in your state.
The worst-case scenario question is: Can an employee be fired, reprimanded, demoted, etc., for not returning to the office when ordered?
According to the Halunen Law firm, “In many instances, yes. Most employees in the United States work at-will, which means their employer can terminate them for any legal reason, at any time, without facing liability. If you work at-will, your company can update their terms of employment without consequences or notice, meaning they can say you must work from the office to continue your employment.”
Halunen Law goes on to say, “Employers may set their own workplace policies, including where, when and how you work. Unless your employer hired you in a role specifically designated as a remote position, you have a contract in place, or you have a disability that requires accommodation, options are limited.”
Clearly, in the absence of a legally binding agreement such as a union contract or an employment contract that specifically addresses the terms of remote work, employers can generally set the terms of when and where employees will perform their jobs. However, a caveat to this is when a disability exists requiring accommodation. For such matters, the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have legal authority.
A video interview with former EEOC Commissioner Keith Sonderling provides valuable insight into situations where RTO and disabilities may conflict. For example, if an employee experiences depression or anxiety about returning to the office and a licensed healthcare provider certifies that this is a legitimate mental health disability, the employer must accommodate. Such an accommodation might include allowing the employee to continue working remotely despite the RTO mandate. Refusing to consider the documented disability or make reasonable accommodation is a violation of the ADA (Americans with Disabilities Act) that may expose the non-compliant employer to legal liability and significant financial penalties.
Do I Have Other Options?
What if you do not have a contract specifically addressing remote work and do not suffer from a disability under the ADA relating to the RTO that requires accommodation? What else can you do?
One option is to attempt to negotiate with your employer. However, this must be done with tact and professionalism. Above all, do not just march in and threaten to quit. Employers do not like to be threatened and they may just call your bluff (if it is a bluff) and send you packing. Besides, even if you do win this fight, they have a long memory, and your chances of future career advancement there may be permanently impaired.
When handled professionally, depending on the circumstances and corporate culture, a mutually beneficial arrangement might be negotiated, especially if they know you have extremely valuable skills, knowledge, or experience. You don’t actually need to threaten to leave; they fully understand the potential consequences of seriously upsetting an employee who cannot be easily replaced. To the employer, this approach is less apt to feel like an ultimatum and more like an opportunity to find a win-win solution. Also, they may be able to offer you a different position within the company that can be performed remotely.
If a satisfactory remote work arrangement cannot be found and you must return to the office, perhaps some other acceptable compromise can be arranged to help mitigate the impact of the RTO. This might include accommodations such as adjusting your work schedule, free parking (some employers charge for parking), a more relaxed dress code (to minimize clothing expenses), etc.
Finally, if remote work is a top priority for your personal situation and consistent with your career goals, you may need to return to the office as ordered, continue working as an effective employee, and begin searching for another job. However, you should determine whether the job with the new employer is guaranteed to be remote permanently and then secure those terms in writing.
Agree? Disagree? Feel free to leave a comment and share your experience or thoughts!
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Let’s say you’re looking at the company human resources website and see a posting for a supervisor or manager, a position you have been considering pursuing for a while now. How exciting! A promotion! Plus, the pay is better. Besides, you’ve always felt you could do a better job than many of the so-called leaders around here. Still, you wonder whether a management career is right for you. Should you apply? Suppose you were offered the job; would you accept it? It seems like this should be an easy decision, but suddenly, you feel torn.
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