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Hi, my employer is pushing us back to office 3x per week (Tue/Wed/Thu). My employment contract states that I work remotely 50-75%, and visits to the office are occasional & flexible (which this new ask is not). They have not asked me to sign a new/revised contract, at least not yet. I have only received an formal email from my manager, who was directed by HR to do so for every employee within a certain distance from the office.
I would like to push back, but have an ESA clause in my contract which concerns me re: severance. I would like to know if the ESA still applies under these circumstances. I have only been there for 4 years and if I understand correctly, would only receive 4 weeks severance, which is not enough. If this is in fact the case, I will have to back down and comply with the request.
Thank you

Thank you for your question. If you are being asked to come into the office at a rate that contradicts a written employment agreement, that could be a constructive dismissal. However, no action should be taken until speaking with an employment lawyer. We would need to see the contract in question in order to advise you what entitlements you may have. Please contact us at the number below to speak with an employment lawyer to help you navigate this situation.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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