I Was Hired as a Remote Worker — Can I Be Forced to Work in the Office?

The shift to remote work has become more prominent in recent years, with many employees finding a better work-life balance and greater productivity outside of the office. However, with some companies now requiring workers to return to the office, many employees are questioning their rights. If you were hired as a remote worker and are now being asked to work in the office, you may wonder: Can I be forced to work in the office? If you feel your employer’s request goes against the terms of your hire or creates an undue burden, it’s important to understand your legal options and rights.

Can I Be Forced to Work in the Office?

If you were explicitly hired as a remote worker, the terms of your employment likely outlined your role, responsibilities, and the expected work environment. Ideally, these terms should be documented in your employment contract or offer letter. If your employer is now requiring you to work in the office, there are several factors to consider before deciding how to proceed.

1. Review the Contract: The first step is to carefully review your employment contract or agreement. If the terms were clear that your position was remote, you may have a case for challenging the request to return to the office. Employers are generally expected to honor the terms of the agreement, and failing to do so could be a breach of contract. If the agreement includes a clause that allows the employer to change the work environment, it may give them the flexibility to require an office return. However, without such a clause, you may be in a stronger position to resist this change.
2. Industry Standard: The industry standard also plays a role in determining whether you can be forced to return to the office. Some industries or positions are more flexible, while others may require in-person work due to the nature of the job. However, in many sectors, particularly those that transitioned to remote work during the pandemic, a hybrid office arrangement or full-time remote work is now expected. Understanding the expectations within your field can help you assess the reasonableness of your employer’s request.

Disability and Reasonable Accommodations

For employees with disabilities, the Americans with Disabilities Act (ADA) provides protections against discrimination in the workplace. If working in an office environment poses a challenge due to a disability, you may be entitled to request reasonable accommodations. If your current remote setup provides you with necessary accommodations that an office environment would not, you may have legal grounds to negotiate for continued remote work.

Examples of reasonable accommodations include flexible schedules, changes in work location, or additional assistance. If returning to the office would negatively affect your ability to perform your job due to a disability, you should engage in a discussion with your employer to negotiate an accommodation. You can do this by explaining your situation and offering solutions that will allow you to continue working remotely or in a hybrid office arrangement.

Legal Recourse and Leverage

If you feel you are being unfairly forced to return to the office despite being hired as a remote worker, you have legal recourse. If the situation involves a disability, your employer must consider reasonable accommodations under the ADA. If you believe your employer is violating the terms of your contract or discriminating against you, a New York workplace discrimination lawyer can help you navigate your options.

In addition to understanding your rights, you may be able to use leverage to negotiate an accommodation or explore other solutions, such as a hybrid office arrangement. In some cases, employers may be more open to a compromise, especially if the industry standard supports flexible working environments.

What Can I Do if I’m Forced to Return to the Office?

If you are being forced to return to the office and it doesn’t align with your preferred working environment or violates your employment terms, there are several options:

1. Request a Meeting with HR: Initiate a conversation with your employer to understand the reasoning behind the request. Explain your concerns and, if applicable, provide documentation about any disability-related needs or health concerns.
2. Negotiate: If you’re open to a hybrid arrangement, propose that solution. Many employers are willing to find a middle ground that allows some flexibility while maintaining productivity.
3. Consult a Lawyer: If negotiations break down or if you feel that your employer is violating the terms of your employment or discriminating against you, consulting with a New York workplace discrimination lawyer can help you assess your legal options and determine if you have grounds for a lawsuit.

Know Your Rights

Being hired as a remote worker means you likely have certain expectations about your work environment. If your employer attempts to force you back into the office, it’s essential to assess whether the request aligns with your employment terms, industry standards, and potential disability accommodations. While some flexibility may be required, you have the legal rights to negotiate for a preferred working environment or reasonable accommodations if applicable. If you feel your rights are being violated, consulting with a New York workplace discrimination lawyer can provide guidance on your legal recourse and help you navigate your next steps.

Call Us

We at Filippatos PLLC stand in proud solidarity with all employees. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.