Starbucks’ Return-to-Office Mandate for 2025: Guide for Canadian employees

Starbucks recently announced a new return-to-office (RTO) policy that’s set to begin on January 1, 2025, requiring corporate employees to work in-office at least three days a week. This shift has left many Canadian employees wondering if similar mandates could affect their own work arrangements and what rights they may have if their employer enforces a return to office.

Below, we explore the details of Starbucks’ policy and provide an overview of employee rights in Canada when facing RTO mandates. For specific information on your province, you can also explore our detailed guides on RTO rights in Ontario, Alberta, and British Columbia.

Starbucks’ return-to-office policy explained

The Seattle-based coffee giant’s new mandate reflects a broader trend as companies look to bring workers back into the office post-pandemic. Here’s what Starbucks’ policy involves:

• Start Date: January 1, 2025
• In-Office Requirement: Corporate employees must work from the office three days per week.
• Flexible Scheduling: While Starbucks previously required all employees to be in on common days, teams now have flexibility in choosing which three days they work in person.

Initially introduced in January 2023 by then-CEO Howard Schultz, this policy aimed to strengthen company culture and teamwork. Starbucks’ current CEO, Brian Niccol, has doubled down on this approach. While Niccol himself is based in California and works remotely, he has expressed strong support for in-office work as essential to Starbucks’ culture and operations.

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Can Canadian employers legally require a return to office?

In Canada, employers generally have the right to set the terms of work location, which includes enforcing an RTO policy. However, several factors affect how employers can implement these changes:

• Employment Contracts: If your employment contract specifies in-office work, your employer can generally enforce that requirement.
• Long-Term Remote Work: If remote work has become a longstanding part of your job, an employer’s sudden return-to-office mandate may constitute a constructive dismissal. This is especially true if remote work has become an essential aspect of your role.

In cases of constructive dismissal, you may be entitled to severance, as it is considered a fundamental change to your employment terms.

Human rights protections

For employees with specific medical, family, or other protected needs, Canadian human rights laws may offer additional protections against mandatory RTO policies. Here are some common situations where employees can request accommodations:

• Medical Accommodations: Employees with documented medical conditions that necessitate remote work can request accommodations under human rights legislation. A doctor’s note is typically required.
• Family Status: Employees with caregiving responsibilities for children or elderly family members may also request accommodations, as remote work may help balance family and work obligations.

If an employer fails to accommodate these requests, it could lead to a human rights claim and entitle employees to seek damages.

Can you be fired for refusing a return-to-office mandate?

Non-unionized employees in Canada who refuse an RTO mandate may face termination without cause, but employers must provide severance.

Severance package amounts vary, depending on factors such as age, years of service, and role. The maximum amount is around 24 months’ pay. To understand your severance entitlements, use our Severance Pay Calculator, which has helped millions of Canadians determine their rights to compensation.

What should you do if your employer issues a return-to-office mandate?

If your employer is introducing a mandatory RTO policy, here are the steps to take:

1. Review Your Employment Agreement: Check if your contract specifies work location and whether it includes remote or flexible arrangements.
2. Document Your Work History: If remote work has become standard for your role, maintain records of any communications supporting this arrangement.
3. Seek Legal Advice: An employment lawyer at Samfiru Tumarkin LLP can help assess if your situation may constitute constructive dismissal or if any human rights protections apply.

As Starbucks and other companies return to in-office work, Canadian employees should understand their rights and protections. For tailored advice on dealing with RTO mandates in Ontario, Alberta, and British Columbia, contact Samfiru Tumarkin LLP.

SEE ALSO
• Mother sues Starbucks Canada after firing over cancer symptoms
• Starbucks Canada closing 200 locations, restructuring due to Covid
• Starbucks severance packages and layoffs

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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.