Return to Office in Ontario: Employee Rights

Can My Employer Force Me to Return to the Office in Ontario?

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

However, 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 of time, and remote work has become an accepted part of your job.
• Unsafe Workplace: If the workplace is unsafe as per the Ontario 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.

In such cases where remote work is an established part of your employment, the company can’t mandate a return to the office without risking a constructive dismissal claim. This could entitle you to treat your job as terminated without cause, potentially resulting in a full Ontario severance package, possibly up to 24 months’ pay.

WATCH: Employment lawyer Lior Samfiru addresses return to work mandates on an episode of the Employment Law Show.

Job Abandonment

Employers might threaten termination or job abandonment if employees refuse to return to the office. In Ontario, job abandonment occurs when an employee does not show up to work without a valid reason. The employment relationship ends much like an employee resignation. The employer would not owe any severance pay to the employee.

Can I Ask for a Hybrid Work Arrangement?

Employees can request a hybrid work arrangement from their employer. This arrangement splits the employee’s time between the workplace or job site and their home. However, employers are not legally required to approve this request unless the employee needs accommodation.

Can My Employer Change My Job When I Return?

No. In Ontario, an employer can’t make significant and unwanted changes to an employee’s job. This includes any negative modification to someone’s job title, hours of work, salary, or duties.

If your employer does make crucial changes to your job, you can claim constructive dismissal with help from an Ontario employment lawyer at Samfiru Tumarkin LLP. Failing to respond to the company’s actions quickly in writing could be seen as accepting the change, making it a term of your employment.

Remember that an employment contract may contain clauses that allow the employer to change key aspects of employment.

Should I Quit if My Employer Asks Me to Return to the Office?

No, you should not quit or resign in Ontario if your employer asks you to stop working remotely and rejoin the workplace. Your best first step is to call Samfiru Tumarkin LLP and have an employment lawyer at our firm review the request, your employment contract, and any other important details to determine the best course of action.

Responding to a ‘Return to Office’ Mandate

When faced with an employer’s mandate to return to work, responding strategically is crucial to safeguard your employment rights. Here’s a guide to help you navigate this situation:

• Don’t Rush to Resign: Avoid resigning or threatening to resign immediately. Resigning voluntarily, similar to job abandonment, means you may forfeit your right to severance pay.
• Seek Clarification: Request in writing that your employer address any issues preventing your return to work. It’s important that your employer is aware you’re contesting their demand and understands the reasons.
• Document Everything: Collect all relevant documents and written communications related to your employment and the return-to-work mandate.
• Consult an Employment Lawyer: Seek legal advice from an experienced employment lawyer at Samfiru Tumarkin LLP to understand your legal rights and the best course of action.

Lost your job? Talk to an employment lawyer

If you have been fired or let go for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of non-unionized individuals.

In addition to severance package negotiations, we can assist you on a broad range of employment matters, including:

If you are a non-unionized employee who needs help with a workplace issue, contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.