What to Do if Your Company is Forcing You to Go Back to the Office

During the Covid-19 pandemic, many people proved they could carry out their job duties effectively from the comfort of their own homes.

Now as the pandemic drags on, some employers are pushing to require that their employees come back to the office, despite reluctance from workers who are concerned about the virus or simply prefer working remotely and would like to forget going back to the office altogether.

If you're in this position, you may be wondering: can your company force you to return to the office even if you'd rather stay home? How can you negotiate agreeable terms with your employer?

Every situation is different, but here are four steps to consider using as you navigate the situation.

1. Know Your Rights and the Rights of Your Employer

For the most part, employers do have the right to require employees to work in person, and can legally fire employees who refuse to come in. However, there are some legal considerations that could support workers who wish to make a case for insisting to stay home. Consider the relevance of these points to your situation and if necessary, seek an opinion from a legal expert for help.

OSHA (the Occupational Safety and Health Administration) made the following statement on the subject:

Generally, your employer may require you to come to work during the COVID-19 pandemic. However, some government emergency orders may affect which businesses can remain open during the pandemic.

Under federal law, you are entitled to a safe workplace. Your employer must provide a safe and healthful workplace. If you have concerns, you have the right to speak up about them without fear of retaliation.

In other words, employers may require employees to come into the office, but can't do so in the face of any current emergency orders which would mandate otherwise. Moreover, they must provide a safe work environment, including appropriate Covid safety protocols. If these aren't provided, employees can complain to OSHA, and firing employees for doing so is illegal.

The ADA (Americans with Disabilities Act) is another factor to be aware of. It forbids companies from discriminating against workers with disabilities and mandates that they make reasonable accommodations that would allow them to perform their duties. Those who are at high risk of complications from contracting Covid could point to this act as they make their case for continuing to work from home. Learn more about ADA applicability to Covid here.

2. Check Your Company's Remote Work Policy

Many employers provide a written remote work policy. Look for it on the company website, your employment contract, or any employee handbook or onboarding materials you may have been given. If you still can't find one, ask your employer for a copy of one (preferably via email, so that it can be reviewed in writing).

Knowing what the company has already said about remote work will help you in your discussion. For example, it may identify who to speak to about it, what kinds of factors they weigh in deciding who needs to be at work in person, guidelines regarding a leave of absence, consequences for noncompliance, or what they may hope to achieve by having employees in the office in person.

3. Consider Your Company's Leverage and Your Own Values

As with any negotiation, just because one side wants something doesn't necessarily mean they'll get it. Your employer is asking for a concession, but it's up to you to determine how valuable that concession is to you and how much you think it may be worth to them.

As you consider this question, ask yourself the following about yourself and those around you:

1) What consequences, if any, have my employer identified for those who don't return to the office?

2) How do my coworkers feel about returning to the office, and how vocal are they about it?

3) What does management stand to gain by my returning?  What do they stand to lose if I continue to work from home? Are there any positives for the company should they continue to allow remote work?

4) How essential am I to the company and how difficult am I to replace?

5) How essential is this job to me and how difficult would it be to replace it?

6) How much do I value continuing to work from home?

7) How do I feel about compromises such as a hybrid work schedule?

If you determine that your position is strong and the risk is manageable, responding to their request might be as simple as politely – but firmly – saying no.

4. Utilize Good Negotiation Skills

However you communicate it, one way or another your response to the call to return to the office is essentially your side of a renegotiation of your job duties and work environment. Treat it the way you would any negotiation. Equipped with a sense of your rights, the company's aims, and your own personal values, communicate your position at the right time and in a friendly and confident manner.