Remote Work Disputes: What Are Your Rights When You Are Asked to Return to the Office
Remote work became the norm for many Ontario employees during the COVID-19 pandemic, and for many workplaces, it never fully went away. What started as a temporary solution evolved into long-term remote and hybrid arrangements that reshaped how people work, where they live and how they balance their personal responsibilities.
As more employers push return-to-office mandates, disputes are increasing. Employees are being told they must return to the workplace, even when they were hired as remote workers, have worked from home for years, or have structured their lives around those arrangements. Employers, on the other hand, are trying to regain control over operations while avoiding legal exposure.
Ontario employment law sets clear limits on what employers can change and when. Understanding those limits is critical before disputing a return-to-office request or demand.
What Counts as Remote Work Under Ontario Law
Remote work means performing job duties from a location outside the employer’s physical workplace, most commonly from home. In Ontario, remote work can include full-time work from home, hybrid schedules, arrangements based on medical or family needs, or temporary or permanent workplace changes.
Ontario law does not treat remote work as a separate category of employment. Employees working remotely are entitled to the same legal protections as employees working on-site. That includes rights under the Employment Standards Act and protections under the Human Rights Code.
Is Remote Work a Guaranteed Right in Ontario?
Remote work is not an automatic legal right. Whether an employee can continue working remotely depends on the terms of the employment relationship.
Remote work arrangements are typically governed by employment contracts, written workplace policies, long-standing practices that have become implied terms of employment, or accommodation obligations related to disability or family status.
If an employer allowed remote work for an extended period without clearly stating it was temporary, that arrangement may have become a binding term of employment. Employers cannot remove essential job terms without facing a legal dispute.
When Remote Work Becomes a Term of Employment
The longer an employee works remotely with the employer’s knowledge and approval, the more likely it is that it becomes an essential part of the job.
Courts may find remote work to be a binding employment term when:
an employee worked remotely for a long, uninterrupted period,
the employer never clarified that the arrangement was temporary,
the employee’s duties can be fully performed from home,
The employee accepted or remained in the role based on remote or hybrid expectations.
Once remote work becomes an established term of employment, an employer cannot unilaterally remove it without risking liability.
Can an Employer Change an Existing Arrangement?
Employers can sometimes change work location, but only within strict legal limits. A change may be permitted if the employment contract clearly allows the employer to alter the work location, or if the remote work arrangement was short-term, occasional, or explicitly temporary.
An employer generally cannot force a return to the office if remote work has become a consistent and essential term of the job, if the employee was hired specifically for a remote or hybrid role, or if the change creates serious hardship related to childcare, eldercare, or disability.
When a forced return to the office represents a major and unwanted change, it may amount to constructive dismissal under Ontario law. Constructive dismissal can entitle the employee to full severance or termination pay, even if the employee technically resigns in response to the change. It is important to work with an employment lawyer to clarify your legal rights in this situation.
Remote Work Policies and Their Legal Limits
Many employers rely on remote work policies to manage hybrid and work-from-home arrangements. These policies often address work location expectations, schedules, communication requirements, performance standards, security rules, and procedures for changing remote work arrangements.
While policies are important, they must be applied consistently and fairly. A new or revised policy cannot override an established term of employment without employee consent. If a policy significantly alters an employee’s role, compensation, or working conditions, it may not be legally enforceable.
Can an Employer Order an Employee to Return to the Office?
An employer cannot automatically order an employee back to the office. To lawfully require a return, the employer must have clear contractual authority or must be ending a remote arrangement that was truly temporary.
A forced return to the office may be legally problematic if the employment contract does not support the change, if remote work has become an essential job term, if the change causes major life disruption, or if the employer ignores a legitimate accommodation request.
Employers who impose significant changes without consent risk triggering constructive dismissal claims that can lead to a legal dispute.
Accommodation Rights Based on Disability
Ontario’s Human Rights Code requires employers to accommodate employees based on disability, family status, pregnancy, and religious obligations, to the point of undue hardship.
Accommodation related to remote work may include continued work from home, modified hybrid schedules, adjusted hours, or gradual transitions back to the office. Employees may be required to provide supporting documentation, such as medical notes, but employers must engage in a meaningful accommodation process.
Ignoring or dismissing accommodation requests can expose employers to human rights claims in addition to wrongful dismissal liability.
Can You Be Fired for Refusing to Return to the Office?
An employer can terminate employment without cause, but full severance or termination pay must be paid. Employees cannot be terminated for cause simply for refusing a major and unilateral change to their job. Before signing anything, it is wise to calculate potential termination entitlements and seek advice from legal counsel who is experienced in employment law.
What to Do If Your Employer Changes Your Remote Work Arrangement
Employees should proceed carefully when faced with a forced return-to-office directive. Quitting can potentially eliminate termination rights, while outright refusal may escalate the dispute unnecessarily.
Review the employment contract and any relevant policies. Gather evidence of the remote work arrangement, including emails, approvals, and past communications. Most importantly, speak with an employment lawyer or litigator before agreeing to any changes or signing any documents.
Remote work disputes are legally complex, and employers sometimes overstate their authority. Proper legal advice can protect your income, your severance rights, and your long-term career. The lawyers at Gionet Fairley Wood LLP are experienced in representing employees and employers across Simcoe County, Muskoka, Grey Highlands, and throughout Ontario.
To discuss your situation and better understand your legal options, contact us through our website, or call us today at 705-468-1088.
***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.