Amazon staff ignoring return-to-office plan may not get promoted, posts reveal

Amazon is ramping up its efforts to get employees to comply with its return-to-office mandate.

According to internal posts that were viewed by CNBC, the e-commerce giant suggested that it may not promote staff who refuse to work from their respective offices at least three days a week.

“Promotions are one of the many ways we support employees’ growth and development, and there are a variety of factors we consider when determining an employee’s readiness for the next level,” Brad Glasser, a company spokesperson, told CNBC in an email.

“Like any company, we expect employees who are being considered for promotion to be in compliance with company guidelines and policies.”

The announcement comes a few months after CEO Andy Jassy told workers during an internal event in August to follow the return-to-office plan or to consider employment elsewhere.

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• Employment lawyer on employee rights when returning to the office

Amazon continues to be met with resistance from staff after implementing the plan.

In May, hundreds of corporate employees staged a walkout — calling the company’s approach a “rigid, one-size-fits-all” mandate.

Can Amazon force Canadian employees to return to the office?

If Amazon allowed you to work remotely as a temporary measure during the COVID-19 pandemic, but your employment contract requires you to work in the office, then the e-commerce giant can instruct you to resume in-office work.

This includes non-unionized individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

Employers in Canada generally have a right to determine where staff work — as long as it meets the standards required for a safe workplace.

I was hired as a remote worker, do I have to start working from the office?

If the employment contract you signed doesn’t require you to work in the office, it’s very likely that your employer can’t make you shift to in-office work.

However, some companies ask remote workers to sign a new agreement that does require them to work in the office instead.

• SEE ALSO: Rights to remote work for employees in Alberta

If your boss provides you with a new employment contract, don’t accept anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP. Your employer can’t force you to sign it immediately or even a few days after receiving it.

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

In many cases, these agreements take away key protections that would otherwise be available to non-unionized employees in Canada.

Our firm can review the contract and ensure that your workplace rights are properly protected.

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
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Can my employer punish me for refusing to return to the office?

If your employer allowed you to work remotely as a temporary measure, but your employment contract requires you to work in the office, the company can punish you for refusing to resume in-office work.

However, if your agreement doesn’t require you to work in the office, your boss can’t make significant adjustments to your job to punish you for turning down the switch to in-office work.

Major modifications, such as a demotion, shorter shifts, or a reduction in pay, are illegal in Canada.

If you were hired as a remote worker, and negative changes are made to the terms of your employment after you refused a switch to in-office work, there is a very good chance that you could treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

However, you shouldn’t resign until before speaking with our firm.

We can confirm that you have been constructively dismissed, assess your legal options, and ensure you receive the compensation you are owed.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: What you should know
• Changes to your employment in B.C.: Your rights
• Job changes in Alberta: What employees need to know

How is severance pay calculated?

In Canada, severance for non-unionized employees can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Length of service
• Position at the company
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Amazon Canada Layoffs and Severance Pay
• Rights to severance for technology industry employees
• Severance pay in a recession

Can my employer fire me for refusing to return to the office?

Employers in Canada can fire non-unionized workers if they refuse to return to the office.

This is called a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

If you refuse to return to the office, but your employment contract requires you to do so, your boss might be able to fire you for cause.

Considered the harshest punishment in a company’s arsenal, it’s reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

In this situation, the company doesn’t have to provide you with a severance package and you can’t access Employment Insurance (EI) benefits.

LEARN MORE
• Do I have to look for new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

What if Amazon staff can’t return to the office because of a disability?

In Canada, employers are legally obligated to assist workers who can’t perform their job due to a disability (either physical or psychological), religious reasons, or other constraints.

As part of their duty to accommodate, companies may have to:

• Modify the shift (i.e. allow certain Amazon staff members to continue working remotely past May 1)
• Change an employee’s job requirements
• Provide someone to help an individual complete their tasks

The goal is to ensure that staff can continue to perform their job duties, despite their disability.

If you believe that your employer hasn’t properly fulfilled their duty to accommodate, contact Samfiru Tumarkin LLP.

Our lawyers can help you secure the compensation that you are legally entitled to through a constructive dismissal claim.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Long-term disability claims: Your rights

Lost your job? Speak with an employment lawyer

If you are fired or let go for refusing to return to the office, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you deserve.