Return to Office in Ontario: What Employee Need to Know

As More Ontario employers issue a return to office mandate, many employees are left wondering: Can I be forced back to work? Do I have to accept a back to office mandate even if I’ve been working remotely for years?

Whether you’re being recalled to the office or worried about losing your job if you don’t comply, it’s important to understand your legal rights – especially if you’re a non-unionized employee.

WATCH: Employment lawyer Lior Samfiru addresses return to work mandates on an episode of the Employment Law Show.

Can My Employer Require Me to Return to the Office?

Yes – in most cases, employers in Ontario have the right to decide where work happens. If your original employment agreement specified in-office work, your employer can require you to return.

However, if you’ve been working remotely for a long time – especially if it became a permanent arrangement – your employer isn’t allowed to suddenly change that without consequences.

This could lead to what’s known as a constructive dismissal – where the law treats you as though you were fired without cause and you may be owed full severance pay. In Ontario, your severance package could total up to 24 months’ pay.

SEE ALSO
• Amazon return-to-office mandate: 5 days a week in January
• RBC employees required to work in office at least 3 times a week
• Federal return-to-office mandate: At least 3 days a week in September
• Return-to-office mandates are a ‘power grab’, study says

Are Return to Office Mandates Legal in Ontario?

Employers can issue a return to office mandate, but it must be reasonable. A sudden back to office mandate – especially if you’ve worked remotely for months or years – may qualify as a major change to your terms of employment.

If returning to the office creates hardship or goes against established working conditions, it’s time to speak with an employment lawyer in Ontario at Samfiru Tumarkin LLP.

When Can I Refuse to Return to the Office?

There are a few situations where you may have a legal right to say “no”:

• Remote work was your new normal: If remote work became a core part of your job, being forced back could count as constructive dismissal.
• Health and safety risks: Under the Ontario’s Health and Safety Act (OHSA), you can refuse unsafe work – but this only applies in very specific cases.
• Medical Needs: If you have a medical condition, your employer may be required to accommodate remote work under the Human Rights Code.
• Family Responsibilities: Caregiving duties may also trigger a duty to accommodate.

What If I Just Don’t Go Back?

Refusing to return without a valid reason could lead to job abandonment or termination. Your employer might argue that you quit – which can affect your right to severance and employment insurance (EI).

Important: Never walk away without getting legal advice first.

Can I Ask for a Hybrid Work Setup?

Yes, but your employer doesn’t have to agree – unless you’re asking for medical or family accommodation.

We recommend putting any requests in writing and being specific about why hybrid or remote work is necessary for your situation.

Should I Quit If I Don’t Want to Return?

No! Resigning voluntarily can cost you severance and impact your eligibility for EI.

If your employer is changing your job in a major way, talk to us before you quit. You may be able to treat the change as a termination and get compensation.

How to Respond to a Return to Office Mandate

Here are the key steps to protect your rights:

1. Review your contract – Look at what it says about work location.
2. Talk to your employer – Put any concerns or requests in writing.
3. Document changes – Save emails, memos, or conversations about the mandate.
4. Get legal advice – Before you agree, refuse, or resign, talk to a lawyer.

Speak to an Ontario Employment Lawyer Today

At Samfiru Tumarkin LLP, we’ve helped over 50,000 employees across Canada stand up to unfair workplace changes. If your employer is demanding that you return to the office and you’re unsure of your rights, don’t wait.

Contact our employment lawyers in Ontario for trusted, practical advice – and get the compensation you’re legally owed.

Disclaimer: The materials provided in this article are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.