Coffee badging in Canada: Understanding the trend and your employee rights

What is Coffee Badging?

“Coffee badging” is a modern workplace trend in Canada where employees show up at the office briefly for a coffee before returning home to continue their work.

As hybrid workers are now required to attend the office, many are arriving for a few hours to swipe their entry cards, make an appearance for their supervisors, and then return home.

Amazon’s State of Hybrid Work 2023 report found that more than half (58%) of hybrid employees surveyed admitted to coffee badging, while a further 8% said they haven’t but would like to try.

Can your employer punish you for coffee badging on your designated office days?

If your employment terms require you to be in the office for the entire day and that is the expectation, you are likely violating those terms by coffee badging.

• Example: If your hybrid employment contract specifies a minimum number of hours you must be in the office each day and you are not meeting this requirement, you could potentially face workplace discipline such as being written up or suspended with pay. Both Amazon and Dell have informed employees that they may be denied promotions if they do not fully comply with return-to-office policies.

To avoid potential discipline, it is important to review your employment contract and any employer policies regarding hybrid work to understand your obligations.

Can your employer fire you for coffee badging?

Yes, you can be fired or let go if you are caught coffee badging. In Canada, you can be let go from your job for any reason, as long as:

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

If you were fired for coffee badging but were still performing your duties satisfactorily, this would likely be a termination without cause rather than a termination for cause, which would mean no severance pay or access to Employment Insurance (EI) benefits. A “for cause” dismissal is considered the harshest punishment in a company’s arsenal and is reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

If your employer has previously warned you about your coffee badging behaviour and you continued to do it, they might consider this serious enough insubordination to justify a just cause dismissal.

If your employer terminates your employment, you should immediately speak to an employment lawyer at Samfiru Tumarkin LLP, as you are owed a severance package and potentially other compensation.

How is severance pay calculated?

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

Severance for non-unionized employees in Canada can be as much as 24 months’ pay. This includes individuals working full-time, part-time, or hourly in Alberta, B.C. and Ontario. 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 seek legal counsel immediately. Samfiru Tumarkin LLP regularly resolves wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance for provincially regulated employees
• Rights to severance for tech sector staff
• Severance packages in mass layoffs

Should you quit your job instead of coffee badging?

No. If you quit your job instead of coffee badging, you forfeit your right to a severance package. If, on the other hand, your employer chooses to let you go because of coffee badging, for which you’ve had no prior discipline, you will likely be owed severance.

How can an employment lawyer help if workplace issues trigger coffee badging?

If workplace issues make you consider coffee badging, an employment lawyer at Samfiru Tumarkin LLP can help. They can review your employment contract, offer letter, and company policies to evaluate your obligations to be in the office.

You may be owed a full severance package due to constructive dismissal if your employer demands more in-office hours than originally agreed, or you avoid the office due to a toxic work environment. When significant changes negatively impact your job without your consent, don’t quit right away. Talk to Samfiru Tumarkin LLP first before taking steps that could jeopardize your compensation.

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.