Many companies are now calling their employees back into the office after prolonged periods of remote work during the COVID-19 pandemic. However, some employees have grown accustomed to remote work and are pushing back against mandatory return-to-office policies. This raises the key question: can companies legally require their employees to work from the office rather than remotely?
The short answer is: yes, companies can require employees to come back to the office, with a few exceptions. Employers generally have the right to mandate where employees work as long as it does not violate any contractual agreements or discriminate against employees. However, employees may be protected from returning to the office if they have a medical condition or disability that necessitates remote work as a reasonable accommodation.
Why Are Companies Calling Workers Back to the Office?
There are several reasons why many companies are mandating a return to in-person work:
– Improved collaboration and communication – Some managers feel that in-person interaction leads to better teamwork and alignment than remote work. Being in the office facilitates impromptu conversations and meetings.
– Company culture – Remote work makes it more difficult to build and maintain company culture. Leaders want to restore the social bonds and energy that come with having everyone together.
– Real estate costs – Companies are often locked into long-term leases for office space that is now sitting empty. There is pressure to get some value from that expensive corporate real estate.
– Falling productivity – Some managers feel that productivity has declined with employees working from home due to declining accountability and oversight. They hope that having people back in the office will lead to a rebound in productivity.
– Innovation – In-person collaboration is seen as vital for spurring innovative thinking. Creative synergy is harder to achieve when employees are isolated and working through screens.
Are Employees Legally Required to Return to the Office?
In most cases, employees do not have a legal right to continue working remotely and can be compelled by their employers to return to the corporate office. Here are some key considerations:
– At-will employment – Most private sector employees in the U.S. work under at-will employment contracts, meaning the employment relationship can be terminated by either party at any time for any reason that is not illegal. This gives employers broad discretion to set the terms of employment, including work location.
– No right to remote work – The law does not grant employees a right to work remotely. So requiring on-site work is generally legal as long as the employer is not discriminating against any protected class.
– Employer policies – Companies are free to establish remote work policies as they see fit, as well as change them at any time. Policies can require employees to work in the office full-time.
– ADA accommodations – Companies must provide reasonable accommodations to employees with disabilities under the Americans with Disabilities Act. Some disabilities may require continued remote work as an accommodation.
When Can Employees Refuse to Return to the Office?
Though companies generally have broad discretion to mandate a return to the office, there are some situations when employees may be able to legally refuse an on-site work requirement:
– Disability accommodation – Employees who have a disability or medical condition that prevents them from returning to the workplace may be entitled to continue working remotely as a reasonable accommodation under the ADA. Proper medical documentation will have to be provided.
– Contract allowing remote work – If an employee has a contract that allows for remote work, the employer cannot unilaterally alter those terms. Though contract clauses expressly guaranteeing permanent remote work are rare.
– FMLA leave – Employees on approved medical leave under the Family and Medical Leave Act cannot be compelled to discontinue their leave and report back to the office prematurely.
– OSHA violations – Worksites that violate OSHA health and safety standards could entitle employees to refuse to work on-site, but the violations would have to be serious and demonstrable.
– State laws – A handful of state laws or executive orders give employees the right to continue remote work, but these are exceptions. Most states align with federal rules.
Best Practices for Transitioning Back to the Office
Though companies have the legal authority to mandate a return to the office, employee relations best practices recommend a thoughtful approach to ease the transition:
– Clearly communicate the reasons for requiring office work and respond to employee questions transparently.
– Phase-in the policy gradually, such as starting with a few days a week in the office before transitioning to full-time.
– Solicit employee feedback through surveys and meetings. Be flexible in addressing concerns around commuting, childcare, etc.
– Accommodate employees protected under the ADA to continue remote work if their disability requires it.
– Consistently enforce the policy across the company without giving preferential treatment based on role or demographics.
– Implement safety precautions against COVID-19 like social distancing, masking, and enhanced ventilation to reassure worried employees.
– Avoid tying compensation, benefits or advancement to presence in the office. Merit and productivity should determine rewards.
What Recourse Do Employees Have Against Return-to-Office Mandates?
If employees feel their company is requiring an unjustified return to the office that violates protections or contractual rights, they have several options:
– Start by raising concerns internally to managers and HR representatives to find a solution collaboratively.
– Seek a formal ADA accommodation if you have a medical condition that necessitates remote work, backed up by documentation from your physician.
– Consult with an employment attorney to understand whether the company policy violates labor laws or your employment agreement.
– For OSHA violations or discrimination issues, file a complaint with federal or state regulatory agencies for investigation.
– Negotiate severance pay or early retirement packages if the company won’t reconsider the policy and remote work is non-negotiable for you.
– As a last resort, resign from your position and seek new employment that is more amenable to remote or hybrid work arrangements.
Frequently Asked Questions
Can I be fired for refusing to come back to the office?
Yes, you can be legally terminated for insubordination if you directly refuse a supervisor’s order to return to the workplace, absent a protective status like a disability. However, companies will generally take a progressive discipline approach, starting with a warning.
Don’t I have a right to reasonable accommodations?
The right to reasonable accommodations under the ADA only applies to employees who have a documented disability. Simply preferring to work from home does not make you eligible for an accommodation.
Can’t I claim a medical reason even without a disability?
Seeking a medical exemption under the ADA when you do not have a disability (“gaming the system”) would be unethical and illegal. Your employer can require documentation from your physician to verify a disabling condition.
What if I moved out of commuting distance while working remotely?
Legally, companies can still require you to commute back to the office you previously worked from prior to going remote. But explain your situation and request flexibility from your employer.
Doesn’t OSHA say my office has to be safe from COVID-19?
OSHA does require employers to take reasonable precautions against COVID-19, but working in the office does not automatically constitute an unsafe working condition if precautions are taken.
Can’t I claim I have childcare or family obligations?
While employers may be willing to accommodate scheduling difficulties, you generally do not have a legal right to dictate your work arrangement solely due to childcare or other family responsibilities.
What if gas prices or transportation costs make my commute unaffordable?
Unfortunately high commuting costs are unlikely to release you from an obligation to return to the workplace. You can make an appeal to your employer based on hardship, but they are not legally compelled to relent.
Can’t I claim a religious objection to returning to work?
What if my productivity is better at home?You can certainly make the case for the business benefits of remote work if you are highly productive at home. But your employer is ultimately entitled to make decisions on what they feel is best for the company overall.
Doesn’t remote work save companies money on real estate?
While potential cost savings may be a selling point in arguing for remote work flexibility, companies are not legally obligated to adopt policies that reduce expenses.
Can I band together with coworkers to fight the policy?
You have the legal right to organize collectively and petition management. However, collective action does not ultimately change the underlying authority of your employer to establish mandatory work policies.
The Bottom Line
While compulsory return-to-office policies are frustrating to some remote workers, the law grants companies broad discretion in mandating on-site work. Refusing to comply can result in disciplinary action or termination. Employees have limited protections—primarily disabilities requiring accommodation under the ADA. Otherwise, constructive conversations aimed at flexibility are employees’ best recourse. But companies are legally entitled to insist that work gets done at the corporate office, barring remote work contractual rights.
