Starbucks Demands Return: Are Your Rights Brewing?
What does your employment agreement say about return-to-office?
Starbucks is the latest of many employers to bring down the hammer regarding return-to-office (“RTO”) mandates. The once-widespread remote work policies that sprang up during the COVID-19 pandemic seem to be on a constant retreat. Are employees simply subject to their employer’s whims or do they have some recourse in these situations?
The first step is to look at your employment agreement. If it grants the employer to choose whether work is in-person, remote, or hybrid, then employees will usually not have much power in those circumstances. However, if the contract does lay out a right to hybrid or remote work, then unilaterally imposing an RTO policy could open the doors to a constructive dismissal claim, and thus, entitlements as if you were terminated.
Could leaving a previous job for remote work affect your case?
Should the contract be silent on this issue, then the courts would look at the prevailing norms and habits at the workplace. If the remote character of the work has been present for a long time or even since the employee’s start at the company, the argument that it has become an integral part of the employment agreement gets stronger. As above, unilaterally changing this material term of the contract could give rise to a constructive dismissal claim.
If an employee was induced to leave previously secure employment on the basis of permanent remote or hybrid work, that would even further strengthen an argument for constructive dismissal.
There may even be human rights issues animated here. While Starbucks has demonstrated some flexibility, such as by outlining procedures to request exemptions due to mental, physical, or sensory disabilities, and giving individual teams the freedom to implement the RTO policy as most effective, this may not be enough.
There does not seem to be consideration for family status, a protected ground under human rights legislation. RTO policies disproportionately impact employees who have children or other family they must take care of. Hybrid and remote work provided the flexibility they needed to balance work and life responsibilities. If Starbucks’ RTO push does not properly account for this, it could lead to claims of discrimination, alongside constructive dismissal. Damages awarded for discrimination are non-taxable, meaning it would be worth more to an employee than the same amount characterized as standard income.
Where can you get legal help for RTO issues?
RTO policies can come out of nowhere and drastically change your conditions of employment. An experienced employment lawyer can help you determine if your employer has engaged in constructive dismissal or discrimination, and whether there are any potential damages arising as a result. If you would like to get advice on fighting against RTO policies in your workplace, please contact Whitten & Lublin online or by phone at (416) 640 2667 today.
Author – Sohrab Naderi