Home Depot mandating 8-hour retail shifts for corporate staff

What’s going on at Home Depot?

Home Depot is reportedly planning to launch a new program that will require corporate employees to work an eight-hour shift at one of its stores every quarter.

“We need to stay connected to the core of our business, so we can truly understand the challenges and opportunities our store associates face every day,” CEO Ted Decker said in a memo seen by news outlets, including Bloomberg.

The program, which is expected to begin in the fourth quarter of this year, will affect senior management and remote workers.

A company spokesperson told Bloomberg that it’s been the retail giant’s longstanding practice to ask staff to spend time in its stores.

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• Return to office mandates are a ‘power grab’, study says

Can my employer make major changes to my job?

Non-unionized employees in Canada, including those at Home Depot, don’t have to accept substantial changes to their job.

Major modifications, such as a demotion, relocation, or pay cut, are illegal.

LEARN MORE
• Job changes in Ontario: Employee rights
• What Albertans need to know about changes to their job
• Job changes in B.C.: What employees need to know

If significant adjustments are made to the terms of your employment without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance, which can be as much as 24 months’ pay.

However, you shouldn’t resign until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

I was hired as a remote worker, do I have rights?

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

In some cases, companies ask remote workers to accept a new agreement that does require them to work from an office or store.

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

If your boss provides you with a new employment contract, don’t sign anything until you speak with our firm. You can’t be forced to accept it on the spot or 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 fire me for refusing to work from an office or store?

The short answer is yes. Employers in Canada can fire non-unionized workers if they refuse to work from an office or store.

This is known as 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 work from an office or store, and 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 I can’t work from an office or store 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 employees to continue working remotely)
• 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 our firm.

We 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 your company cut you loose for refusing to work from an office or store, 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.

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.