Hybrid work saving Canadian companies thousands a year, survey finds – Samfiru Tumarkin LLP

Can my employer punish me for refusing to return to the office?

If your employer allowed you to work remotely as a temporary measure, but your employment contract requires you to work in the office, the company can punish you for refusing to resume in-office work.

However, if your agreement doesn’t require you to work in the office, your boss can’t make significant adjustments to your job to punish you for turning down the switch to in-office work.

Major modifications, such as a demotion, shorter shifts, or a reduction in pay, are illegal in Canada.

LEARN MORE
• Changes to your job in Ontario: What you should know
• Job changes in Alberta: What employees need to know
• Changes to your employment in B.C.: Your rights

If you were hired as a remote worker, and negative changes are made to the terms of your employment after you refused a switch to in-office work, it’s very likely that you could treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

However, you shouldn’t resign until a member of our team confirms that you have been constructively dismissed.

How is severance pay calculated?

Severance for non-unionized employees in Canada can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

SEE ALSO
• Severance for provincially regulated employees
• Rights to severance for federally regulated staff
• Are severance packages different during mass layoffs?
• Severance entitlements in a recession

If your employer’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

Can I be fired for refusing to return to the office?

The short answer is yes. Employers in Canada can fire non-unionized workers if they refuse to return to the office.

This is known as a termination without cause. You can be let go for any reason, as long as:

If you refuse to return to the office, but your employment contract requires you to do so, your boss might be able to fire you for cause—meaning no severance package or access to Employment Insurance (EI) benefits.

LEARN MORE
• Do I have to look for new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

What if I can’t return to the office because of a disability?

In Canada, employers are legally obligated to assist workers who can’t perform their job due to a disability (either physical or psychological), religious reasons, or other constraints.

As part of their duty to accommodate, companies may have to:

• Modify the individual’s shift
• Change an employee’s job requirements
• Provide someone to help an individual complete their tasks

The goal is to ensure that staff can continue to perform their job duties, despite their disability.

If you believe that your employer hasn’t properly fulfilled their duty to accommodate, reach out to our firm.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• What Canadians need to know about short-term disability claims
• Long-term disability claims: Your rights

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Ontario, Alberta, or B.C., our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.