As they say, the times they are a changing, and since the most recent presidential inauguration, such a term has never been more appropriate. One trend dominating conversations is the dreaded return to office. The expectation for employees to work in-office appears to be growing this year, signaling a possible end to the widespread remote work policies inspired by the pandemic. Our newly elected president has announced that employees in the federal public sector who do not come to work five days a week will be promptly fired. And no, this is not an episode of “The Apprentice.” It’s for real.
It appears the era of rolling out of bed for an immediate meeting with the camera turned off may be behind us. In 2024, we’ve witnessed the transition from a remote workweek to hybrid models, with employees only working from home two or three days a week. It appears more employers are mandating a permanent return to the office.
Employer approaches
Over the past several years, companies have been slowly recalling their employees to the office. Employers enacting this shift fall into one of three categories:
- Employers with appropriate contracts that explicitly designate roles as in-office and stipulate that remote work is temporary have little to worry about. Such organizations can direct employees back to the office with minimal risk. In this case, employees must either comply or seek alternative employment. Employers who provide adequate notice of the transition further reduce the potential for dismissals.
- Employers who adopted remote work during the pandemic but neglected to recall employees in the years since face potential exposure to dismissal claims. Abruptly requiring employees to return to the office without sufficient notice could be interpreted as a change to employment terms. Employees in such circumstances may refuse to return, compelling employers to either fire the employee or withdraw from the proposed change. The risk is heightened for employees who relocated far from the office and have been working remotely. Employers who announce the change with adequate notice mitigate these risks. For instance, employers who communicated a return-to-office policy in early 2024 for implementation in 2025 provide employees ample time to adjust or explore other employment
- Employers that hastily embraced fully remote or hybrid work without proper planning will face significant challenges. When these employers now demand employees return to the office, they are particularly vulnerable to dismissal claims. Their only viable defense is to provide reasonable notice of the change. Imposing new arrangements with only a few weeks’ notice is likely to lead to legal issues and severely damage employee morale and trust.
Navigating 2025
The full-time return to the office is a significant cultural change. Employers must navigate these changes thoughtfully. It should be noted the current economic climate may make employees less inclined to resign and seek new jobs. But employers should still proceed cautiously to maintain workplace harmony and mitigate legal risks. Consulting an experienced employment lawyer is essential to ensure compliance with legal obligations and address disputes effectively. With a new era before us, it’s best to be prepared for these changing times.
The information and opinions expressed are for educational purposes only and are based on current practice, industry-related knowledge and business expertise. The information provided shall not be construed as legal advice, express or implied.