In this unclear space, abrupt policy shifts can come across as breaches of contract. And if an employer decides to call workers back to the office, “the employee may very well say, ‘The remote work is a fundamental term of my employment relationship, and therefore I’m not coming back”, Pressey says.
Strategies for return-to-office mandates
When deciding to mandate a return to office, employers may still have options. One involves offering a new employment agreement with what lawyers call “fresh consideration”. This could mean a signing bonus, a promotion or a new benefit—anything that the employee isn’t already entitled to.
“If the employee agrees to come back, then you don’t have an issue,” Pressey says.
Another strategy is extended notice. The employer can tell employees that their current terms will expire after a set period—sometimes up to 24 months. At the end of that time, the employee is offered the same job, but on new terms that require some in-office work.
Still, this has its own risks.
