Back to Work: Can Your Employer Force You to Return to the Office?

August 6th, 2024

You found a work-from-home routine that meets your needs, you’ve been a productive remote or hybrid employee, and you were hoping the working arrangement would become permanent. We get it. There’s tension, as you like your setup and don’t want to see it changed.

Unfortunately, many employers feel differently. According to Resume Builder, which surveyed 1,000 organizational stakeholders in 2023, 90 percent of participants say their company plans to return to the office by the end of 2024. Nearly 30 percent of those companies may threaten to fire employees who won’t comply with return-to-office mandates. This raises the question: Can you be forced to return to the office or be fired by your employer if you don’t comply? 

Your (Lack of) Legal Options

If you are concerned about returning to the office, your options are likely limited. Except in rare cases, return-to-office mandates do not qualify as harassment or discrimination, meaning an employer can require you to work in the office.

Can You be Fired for Not Returning to the Office?

In many instances, yes. Most employees in the United States work at-will, which means their employer can terminate them for any legal reason, at any time, without facing liability. If you work at-will, your company can update their terms of employment without consequences or notice, meaning they can say you must work from the office to continue your employment. 

If you have already been terminated by your employer, and think it was wrongful, read our page on wrongful termination for more information.

Can I Refuse to Return to the Office?

Employers may set their own workplace policies, including where, when and how you work. Unless your employer hired you in a role specifically designated as a remote position, you have a contract in place, or you have a disability that requires accommodation, options are limited. 

However, even with a contract, your preferred working arrangement may not be recognized by your employer unless you have a severance provision or some other type of enforcement clause that guarantees a remedy in the event of contract breach or termination. Otherwise, an employer can choose to terminate your employment and move on to a candidate who is more amenable to working in the office. 

If you have a disability, you have protections afforded to you if your state has disability protection laws, like that in Minnesota, and under the Americans with Disabilities Act. You’ll find more information in our section on Workplace Disability Discrimination.

If a return-to-office mandate impacts you negatively, you may have legal grounds to challenge your employer. Otherwise, the vast majority of U.S.-based employees are obligated to work where their employer tells them to. 

Your Non-Legal Options

Given this lack of legal options, if you want flexibility in returning to the office, you may have leverage with your employer — especially if you have rare skills and are in an industry with a job market that favors employees over employers, meaning you could have several businesses lining up to hire you if you left your company.

The general consensus among employers is that returning to the office improves productivity and profitability, and is good for company culture. On the other hand, many employers also understand the perks of working from home and have reasons to want to retain employees. As a result, many companies are taking a hybrid approach, requiring employees to return to office two to four days a week, instead of the full five. In fact, some employers are even offering benefits to help cover commuting and childcare costs to make this happen.

Instead of threatening to quit over a return-to-office mandate, you are likely better off trying to negotiate an accommodation, salary increase or one-time bonus, especially if you work in a competitive industry where your skills are in demand. Perhaps your manager can be flexible about which days you need to be in the office, or they can offer additional perks, like increased PTO or a more robust benefits package to help ease the burden and inconvenience of your increased office time.

If you’re at a business that’s experiencing healthy growth, it may also be a good time to negotiate a salary increase or one-time performance bonus. Good timing and a tactical approach are critical. If you can point to strong reviews, a diverse and invaluable skillset, and a recent list of accomplishments to justify your request, you may have leverage to position yourself for more money. You may not get the exact answer you want to hear, but your employer might give you a counteroffer that was worth all your effort.

But make sure your timing is thoughtful. If your company or industry is going through a period of layoffs, and low or no profits, this may not be the time to push for more benefits or money. 

In the end, your employer may require you to return to the office, and that, without more egregious or illegal acts, generally does not constitute discrimination or a hostile environment. But thinking creatively about how to present your situation may persuade your employer to accommodate some of your requests.