A question has been popping up on Reddit for the past two years about what rights, if any, remote employees who moved to a different state have if their employer wants them back in the office.
In many of the posts, employees say their bosses were okay with remote work while the pandemic was in full swing (when they didn’t have much of a choice in the matter), but now they’re not.
Problem is, many workers took advantage of their companies’ lockdown-influenced flexibility to move away from urban centers. Some wanted to be closer to family, others wanted a more affordable home, and since the assumption was that remote work was here to stay, they felt empowered to move hundreds or even thousands of miles away.
Now, with some companies getting more aggressive in demanding employees return to the office, those homeowners are caught between moving back closer to their workplace (and having to buy or rent at a much higher cost) or staying put in the hopes they can keep their job.
So I asked Deb Meppen, partner and chair of national employment litigation at Gordon & Rees law firm, whether employees facing this problem have any legal rights. The short answer is — not really.
Even if the company said at some point during the pandemic that remote work would be the model moving forward, they’re not legally bound to that arrangement, Meppen explains.
“The employer always maintains the right to change their mind and call employees back to work,” she says.
Economic conditions, productivity levels and business goals are the factors that will determine the company’s work policies. If the employer wants a return to the office, employees have to come back (or find a new job).
Some companies, Meppen adds, are trying to reach a compromise. Like offering incentives that would cover some relocation expenses or increasing pay. Companies may also agree to let someone who has moved out of commuting range keep working from home, but pull back on some of the benefits offered, including a salary reduction.
Any employee currently working remotely and considering a move away from the workplace should talk over their plans with the company, Meppen says. Written approval from the employer allowing for remote work can protect the employee’s right to work from anywhere, but only for the period of time specified in the document.
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