Dell return-to-office mandate: 5 days a week in March

What’s happening at Dell?

Dell is “retiring” its hybrid work policy — requiring employees who live near one of its offices to work there five days a week, effective March 3.

“If you opted-in for remote work and live near a Dell office, we expect you to join us in the office,” CEO Michael Dell said in an email to staff obtained by Business Insider.

“If you are remote and live a long distance from a Dell office, you’ll stay remote. If you are field, you will continue to spend five days a week with customers and partners or in a Dell Technologies office.”

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The email notes that the company’s sales teams, manufacturing teams, engineers in the labs, onsite team members, and leaders have fully resumed in-office work.

“We have seen these areas come alive with new speed, energy, and passion,” Dell said.

“Now, we want to see that same sense of urgency and drive everywhere.”

Can Dell force Canadian employees to return to the office?

If Dell 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 tech 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 British Columbia (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.

ADDITIONAL RESOURCES
• Return to office in Ontario: Employee rights
• What Albertans need to know about returning to the office
• Returning to the office in B.C.: Your rights

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.

We 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?
• Employment Law Show: Things to never do before seeking legal counsel

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.

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

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, it’s very likely 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 a member of our team confirms that you have been constructively dismissed.

How is severance pay calculated?

Severance for non-unionized employees in Canada, including those at Dell, can be as much as 24 months’ pay.

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

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 employer’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should contact an experienced employment lawyer at Samfiru Tumarkin LLP.

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

SEE ALSO
• Severance pay for provincially regulated employees
• Rights to severance for tech sector staff
• Severance pay in a recession

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

The short answer is yes. Employers in Canada can fire non-unionized workers if they refuse to return to the office.

This is known as a termination without cause. You can be let go for any reason, as long as you’re provided full severance pay and the reasons for your dismissal aren’t discriminatory.

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 Dell 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 Dell staff members to continue working remotely past March 3)
• 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

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Ontario, Alberta, or B.C., our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.

Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and should not be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.