Return to Office in Canada: Employee Rights and Severance Pay

Can your employer force you to return to the office in Canada? In many cases, yes. However, an employer can’t always require you to give up an established remote or hybrid work arrangement without legal consequences.

If you’ve been working from home and your employer suddenly orders you back to the office, your rights depend on your employment contract, how the arrangement was established and the impact of the change. In Ontario, Alberta and British Columbia, a major change to your working conditions could amount to constructive dismissal, potentially entitling you to severance pay.

Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner

On This Page

• Can Your Employer Force You Back?
• Your Employment Contract
• Return to Office and Constructive Dismissal
• Changes to Hybrid Work
• Can You Refuse to Return?
• Medical and Family Accommodation
• Severance Pay
• What to Do Next
• Frequently Asked Questions
• Get Legal Help

Can Your Employer Force You to Return to the Office?

Yes, an employer can often require employees to work from a physical office. But its right to change your work location isn’t unlimited.

A return-to-office mandate is an employer’s instruction to work at a designated workplace after a period of remote or hybrid work.

Employers may introduce:

• Full-time office attendance, five days per week.
• Hybrid schedules requiring certain days in the office.
• New minimum office attendance requirements.
• Changes to an employee’s assigned office location.

Whether you must comply depends on your employment agreement and the circumstances.

If you were hired to work in an office and later allowed to work remotely on a temporary basis, your employer may have a stronger right to require your return.

If you were hired for a permanent remote position or agreed to a specific hybrid schedule, changing that arrangement may raise different legal issues.

What if Your Employment Contract Says You Can Work From Home?

Your employment contract is one of the most important factors in determining whether you can be required to return to the office.

Review whether your agreement:

• Identifies your position as remote or work-from-home.
• Specifies a particular office or work location.
• Guarantees a hybrid schedule.
• Allows your employer to change your work location.
• Describes remote work as temporary or subject to recall.

What if you’ve worked remotely for years?

A long-standing remote work arrangement may become an important term of employment, even if it wasn’t written into your original contract.

However, working from home for several years doesn’t automatically guarantee a permanent right to remote work.

I really depends on what your employer promised, whether remote work was expressly temporary, how consistently the arrangement was followed and whether you relied on it when making employment decisions.

For more information, read our guides to employment contracts in Canada and employment contract review.

Can a Return-to-Office Mandate Be Constructive Dismissal?

Yes. A return-to-office mandate could amount to constructive dismissal if it significantly changes an important term of your employment without your agreement.

Constructive dismissal occurs when an employer makes a substantial unilateral change to an employment relationship, allowing the employee, in certain circumstances, to treat the change as a termination.

A return-to-office requirement may raise concerns when:

• You were specifically hired for a fully remote position.
• Your employer promised a permanent work-from-home arrangement.
• A major change to your work location creates a substantially longer commute.
• Your employer removes a negotiated hybrid arrangement without your agreement.
• The new requirements substantially alter your established working conditions.

For example, someone hired to work remotely from another city may have a stronger claim than an employee whose agreement clearly required attendance at a local office.

But inconvenience alone doesn’t automatically establish constructive dismissal. The change must be assessed in the context of the full employment relationship.

Can Your Employer Change a Hybrid Schedule to Full-Time Office Work?

Sometimes. An employer may be able to increase office attendance, but changing a negotiated or established hybrid arrangement can create legal consequences.

For example, imagine you accepted a job after your employer promised that you would only need to attend the office twice per week.

Two years later, your employer announces that everyone must work in the office five days per week.

Your rights may depend on whether the hybrid arrangement was a condition of accepting the job, whether your agreement allowed changes and how significant the new requirement is.

A hybrid schedule described as temporary or flexible may be easier for an employer to change than one guaranteed in an employment agreement.

Don’t assume that a company-wide policy means every employee has the same legal obligations. Individual employment terms can matter.

Can You Be Fired for Refusing to Return to the Office?

Yes. An employer may terminate you for refusing a return-to-office order, but that doesn’t automatically mean it can fire you without severance.

If the employer has the legal right to require office attendance and you refuse without a valid reason, disciplinary action may be possible.

However, termination for cause isn’t automatic. An employer must be able to justify denying your termination entitlements.

The circumstances matter, including:

• Whether the return-to-office requirement was lawful.
• Whether you had a contractual right to work remotely.
• Whether you had a legitimate medical or family-related accommodation need.
• How you responded to the employer’s instructions.
• Whether the employer provided warnings or opportunities to address the issue.

If your employer fires you for refusing to return, you may still be owed substantial severance.

Before refusing an order or signing a termination document, have your situation reviewed.

What if You Can’t Return to the Office Because of Medical or Family Needs?

Your employer may be required to accommodate a disability or qualifying family-related need that affects your ability to attend the workplace.

The duty to accommodate can apply even when an employer has a valid return-to-office policy.

Depending on the circumstances, accommodation may include:

• Working remotely some or all of the time.
• A modified hybrid schedule.
• Flexible start and finish times.
• Changes to duties or workplace arrangements.

Medical accommodation

If you have a medical condition or disability affecting your ability to commute or work in the office, your employer must consider reasonable accommodation up to the point of undue hardship.

You may need to provide appropriate medical information about your functional limitations. Your employer isn’t necessarily required to provide your preferred arrangement if another effective accommodation is available.

Childcare and family responsibilities

Certain childcare and caregiving obligations may also engage human rights protections.

However, an inconvenient commute, a preference to work from home or ordinary scheduling difficulties don’t automatically create a legal right to remote work.

Your employer must assess legitimate accommodation requests based on the applicable law and your individual circumstances.

Are You Owed Severance Because of a Return-to-Office Mandate?

You may be owed severance if you’re fired for refusing to return to the office or if the mandate amounts to constructive dismissal.

An employer doesn’t automatically eliminate your severance pay rights by saying you refused to comply with company policy.

Your entitlement depends on your employment agreement, whether the employer had grounds for dismissal and factors such as:

• Your age.
• Your length of service.
• Your position and responsibilities.
• The availability of comparable employment.

In appropriate cases, full severance can reach up to 24 months’ pay.

If you’ve been offered a severance package after a return-to-office dispute, review it before signing. An employer’s initial offer may not reflect your full legal entitlement.

Learn more about severance package reviews and use our Severance Pay Calculator to get an initial estimate.

What Should You Do if Your Employer Orders You Back to the Office?

If your employer announces a return-to-office mandate that significantly changes your working arrangements, take these steps:

1. Review your employment contract: Check what it says about your work location and the employer’s right to change it.
2. Keep written communications: Save emails, remote-work agreements, hybrid schedules and the new policy.
3. Explain your concerns in writing: Identify how the new requirement affects your established employment terms or accommodation needs.
4. Don’t resign or refuse outright: Either decision could affect your rights and potential severance entitlement.
5. Speak with an employment lawyer: Determine whether the change is enforceable, whether accommodation applies and what options you have.

You may be able to negotiate a suitable arrangement, challenge an improper change or pursue severance if your employer has fundamentally altered your employment.

Frequently Asked Questions About Returning to the Office

Can my employer force me back to the office in Ontario?

Often, yes. But a return-to-office requirement may raise constructive dismissal or accommodation issues if it substantially changes your employment agreement or conflicts with protected needs.

Can employers require a return to office in Alberta or BC?

Yes, subject to employment contracts and applicable laws. A substantial change to an established work arrangement may create legal consequences, including a potential constructive dismissal claim.

Is working from home a legal right in Canada?

There’s no general legal right to work from home. However, a remote work arrangement may be protected by your employment agreement or required as a form of accommodation in certain circumstances.

Can my employer change my remote job to an office job?

Possibly. If you were hired specifically to work remotely, forcing you into an office may be a substantial change to your employment terms. Your agreement and the circumstances determine your rights.

Can my employer make me return to the office five days a week?

Yes, in some circumstances. However, replacing a guaranteed remote or hybrid arrangement with five mandatory office days could create a constructive dismissal issue.

Can I refuse to return to the office because of childcare?

Certain childcare obligations may require accommodation. However, not every childcare difficulty creates a right to work remotely. Explain your circumstances and seek advice before refusing an employer’s instruction.

Can I be fired without severance for refusing to return?

Not automatically. Even if an employer dismisses you for refusing to comply with a return-to-office policy, it must establish sufficient grounds to deny your termination entitlements.

Does working from home for years mean my employer can’t change it?

Not necessarily. Long-standing remote work may be relevant to your employment terms, but its duration alone doesn’t guarantee that the arrangement can never be changed.

Can I get severance if I quit because of a return-to-office mandate?

You may have a claim if the mandate amounts to constructive dismissal. However, resigning without legal advice can put your severance rights at risk.

Speak With an Employment Lawyer About Returning to the Office

If your employer is ending your remote work arrangement, changing your hybrid schedule or threatening to fire you for refusing to return, find out what you’re legally required to accept.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia understand their rights when employers make major changes to their working conditions.

Our team can review your employment agreement, assess whether the change amounts to constructive dismissal and pursue the severance or compensation you’re legally owed.

For information about your provincial rights, visit our Ontario employment law, Alberta employment law and BC employment law guides.

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