Appeal court finds woman was ‘constructively dismissed’ when forced back into the office without notice
This sets a precedent that changing remote workers work location qualifies as a no-fault firing or “layoff.”
But the trial judge sided with Parolin, finding that her flexible working hours had become an enforceable, fundamental term of her employment and had been supported for years by her employer.
The judge also found the company’s change to this arrangement was made unilaterally and without notice.
Unilaterally changing someone’s terms of employment is a layoff.
How is that a question?
When I start any job I sign a piece of paper, the company doesn’t get to pretend that didn’t happen, nor can they just change the terms without negotiation. It’s a contract. It binds both directions.
Doing that should make them liable to legal suits.
Now, I get that we have “at will” employment in most of this country that idolizes the US, but that does not mean you can magically void whatever contracts you want.
Right, but what if remote work wasn’t in your employment contract? Like for just about everyone who started remote work during the pandemic.
Same thing.
During Covid I got a new contract which specified my primary workplace as work from home. That was agreeable so I signed it.
Yes but, also
Tracy Parolin, had had a flexible work schedule with her employer, Cressey Construction Corporation, since returning from maternity leave in 2013 after giving birth to twins, one of whom had a significant health issue
the court may have ruled in the employer’s favour if Parolin didn’t have the flexible work arrangement prior to the pandemic.
“For many employers, where they temporarily had their employees go home only because of the pandemic, they’ll be in a much better situation if they wish to call employees back to the office,” she said.
So I would take this precedent with a grain of salt. It does NOT mean that employers can’t transition an employee from remote to office; it means that employers just can’t be too much of a dick about doing it especially for employees who had it negotiated it individually.
