Navigating Remote Work Agreements Amid Hybrid Policies

If you have a verbal agreement with your manager that your role would be fully remote, it could potentially hold some weight, even if it's not in your written employment contract. Here are some key considerations and steps you might take:

Understanding Constructive Dismissal

• Verbal Agreement as a Fundamental Term: If your remote work arrangement was a significant factor in your decision to accept the job and has been the norm since you started, it may be considered a fundamental term of your employment. A unilateral change to this term by your employer could be seen as a "constructive dismissal," which occurs when significant changes are made to your job without your consent, effectively forcing you to resign.
• Legal Implications: If you are forced to resign due to the change to a hybrid policy, you might claim constructive dismissal and seek damages, such as severance pay. The specifics of your claim would depend on your employment contract, provincial laws, and similar past court decisions.

Proving the Verbal Agreement

• Documentation: Gather any supporting documentation, such as emails or text messages, that reference your remote work arrangement. This can help substantiate your claim if the verbal agreement is disputed.
• Review Contracts and Policies: Examine your written employment contract for any clauses that might allow the employer to change your work location. Also, check company policies for any provisions regarding remote work.

Negotiation and Legal Advice

• Communication with Management: It is advisable to discuss the situation with your manager, reaffirming the original remote work agreement, and document these discussions. This can serve as evidence of the agreement.
• Consult an Employment Lawyer: For personalized advice, consult an employment lawyer who can provide guidance based on your specific circumstances, including your rights to claim constructive dismissal and your entitlement to workplace accommodations.

Considerations for Accommodation

• Human Rights Considerations: If your need to work remotely is related to a protected ground under human rights laws (such as disability or childcare obligations), your employer may be required to accommodate this need, provided it does not cause undue hardship.

By taking these steps, you can better understand your rights and options regarding your remote work agreement in light of the new hybrid policy.

If you're navigating changes in your work arrangement and seeking professional opportunities that align with your career goals, consider reaching out to Burke Recruiting. As a leading boutique recruitment firm, Burke Recruiting specializes in connecting talented professionals with top organizations in Metro Vancouver. Whether you're looking for permanent, contract, or temporary positions, their experienced team can help you find the right fit. Visit Burke Recruiting to explore their services and take the next step in your career journey.