Question and answer
Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes

FOR EMPLOYEES
FOR EMPLOYERS




Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.


I have recently received notice that in-office is "expected". Been w/employer 3.5yrs, all of which have worked remote. Contract states "Place of Work/Address: You will work from the location specified in Schedule 1. You are expected to discuss and obtain approval from your manager regarding any changes to your usual office contact hours and parameters regarding any flexible work arrangements. You agree that your manager may at any time modify such arrangements or withdraw approval at their discretion. You may be required to travel to, and perform work at, various Company, client and third-party sites, and you may be required to travel provincially, nationally or internationally for business purposes. You agree to verify your current residential address with supporting documents, as reasonably required by the Company, to enable the Company to comply with its legal and regulatory obligations."

"Schedule 1: Location of Employment: Toronto, Canada"

My main question is, am I required to adhere to their expectation? If I don't report to the office since I have been a remote employee, could I be subject to constructive dismissal?

Secondly, we are "expected" to report on a specific day for Day 1, however, Day 2, we are given our own freedom. If I need Day 1 off, I am required to take a Vacation Day. Are they able to force us to take our vacation time?

Whether remote work is a binding term of your employment depends on several factors, such as how long you have worked remotely, whether the arrangement was ever stated to be temporary, and your original hiring expectations.

If your employer revokes this arrangement, they must provide reasonable advance notice. Because your description lacks clarity regarding when this change takes effect or if the notice provided is sufficient, we recommend contacting us at the number below for a consultation before you respond to your employer.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
Leave a comment