this post was submitted on 30 Sep 2024
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You don’t have to fund severance if people leave on their own.
And returning to the office probably doesn't count as an unreasonable change to the agreement, so you probably won't win if you sue, and the unemployment office probably won't help.
So yeah, sucks all around.
It definitely counts as an unreasonable change. If you quietly accept it, or quit due to it, you won't get the help. If you set things up in your favor by replying to the mandate with language along the lines of 'such a significant change to working conditions requires a renegotiation of my contract' then you're placing yourself in a good position to say that you were constructively dismissed, not that you quit.
A change from working wherever you are (which could be hours away if you were full remote) to the office is just as significant as being moved from one metropolis to another.
If you were hired as remote you have a pretty strong case for constructive dismissal.
I think you're going to have an uphill battle if you were hired to work in a building and they allowed work from home due to a pandemic. I don't think being slow getting back to the office is going to win you your case.
I feel like being remote for 4 years is no longer about the pandemic. It's become a new standard and by showing financial harm by coming into the office I feel you might have a better case. Example being car insurance. My insurance went down as my car is now a "personal vehicle" vs a "commuter car"
The pandemic was very clearly the initiator.
Being conservative about forcing people back (because most have wanted people back long before now) doesn't change anything legally. You were hired for an in person job, they were forced to have you work from home by actual government orders, and they moved slowly on forcing you back because it was an extended period of time where there was an actual meaningful health risk to a big enough portion of employees.