Return to Office Mandates: Know Your Rights
As many companies, including Starbucks, announce new return-to-office (RTO) policies, employees across Ontario are facing important questions: Am I legally required to return to the office? What if I prefer to continue working remotely? What are my rights if I refuse or need accommodations?
At Leckers Law, we’re here to help you understand what these return-to-office mandates mean for your legal rights and how to protect yourself.
What’s Happening with Return-to-Office Policies?
Starbucks recently announced that its corporate staff in both the U.S. and Canada will be required to work from the office at least four days a week, starting September 29, 2025. This policy applies Monday through Thursday and marks an increase from the previous three-day requirement.
Employees who do not wish to comply are reportedly being offered voluntary exit packages that include a cash payout. While individual contributors are not required to relocate, all corporate “people leaders” are expected to move to Toronto or Seattle within 12 months.
Other large employers, including Amazon and HSBC, have implemented similar return-to-office mandates as they aim to rebuild in-office culture following years of remote and hybrid work during the COVID-19 pandemic.
While these changes may seem like standard corporate policy, they can have serious implications for your job security, work-life balance, and legal protections, particularly under Ontario law.
What Are Your Rights When Asked to Return to the Office?
Employers Can Set Your Work Location — Within Limits
Under Ontario law, employers generally have the right to determine where you perform your work, including requiring in-office attendance. Employers generally have the right to determine your work location. However, if remote work has become an established and accepted term of your role, even if not explicitly in writing, forcing a return to office may still be considered a significant change under the law. However, this right is subject to the terms of your employment contract and consistent workplace practices.
If your employer attempts to impose a substantial change to your job location, duties, or hours without your consent, it may constitute a constructive dismissal. Constructive dismissal occurs when an employer makes a fundamental change to a term or condition of employment without the employee’s agreement, entitling the employee to damages or severance.
Review Your Employment Contract and Company Policies
If your employment contract, offer letter, or employee handbook guarantees remote or hybrid work, your employer cannot unilaterally change these terms without your agreement. If remote work is guaranteed in your employment contract or offer letter, your employer cannot unilaterally change this. Handbooks or policy documents may support your case, but they are only enforceable if your contract clearly incorporates them. Unilateral changes may be considered breaches of contract, potentially entitling you to severance or damages beyond the minimum standards under the Employment Standards Act, 2000 (ESA).
You May Be Entitled to Accommodation
If you have a disability, a chronic health condition, or caregiving responsibilities, you may be entitled to reasonable accommodation under the Ontario Human Rights Code, particularly if your needs relate to disability or family status (such as caregiving for a child or elder). Note that accommodation based on family status has a higher legal threshold and depends on the circumstances. Accommodations may include continued remote or hybrid work, flexible hours, or modified duties.
Employers are legally obligated to accommodate employees to the point of undue hardship. If your accommodation request is denied without adequate cause, you may have grounds to file a complaint with the Human Rights Tribunal of Ontario.
Exit Packages and Resignations
If you are asked to relocate or offered a voluntary exit package in response to your refusal to comply with a new RTO mandate, it is critical to understand your rights. Accepting an exit package typically involves signing a release waiving further claims against the employer.
Significant changes such as mandatory relocation or return to office policies may, depending on the terms of your original employment or work history, amount to constructive dismissal. You should always seek legal advice before signing any agreement or resignation letter to ensure your rights are protected.
What Should You Do If Your Employer Mandates a Return?
Review your employment contract and any company policies related to remote or hybrid work. Request written details from your employer about the new expectations, timelines, and consequences of non-compliance. Keep records of your remote work history, particularly if it was part of your original role. Evaluate whether you require accommodation due to health or caregiving responsibilities and formally request these accommodations. If you have concerns about your rights or the fairness of the process, consult an employment lawyer before accepting any severance, exit packages, or changes to your employment.
How Leckers Law Can Support You
At Lecker & Associates, we focus exclusively on employee rights and understand the legal impact of return-to-office mandates. We can review your contract, advise on accommodations, assess constructive dismissal, and help negotiate severance or represent you in workplace disputes.
📞 Call 416-223-5391 or no-charge initial assessment to get started.
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