Can My Employer Force Me to Return to the Office in New Jersey?
The world of work has been transformed in recent years, and for many, remote work has become the new normal. It has offered a new sense of flexibility, autonomy, and work-life balance that many employees have come to cherish. So, when an employer announces a mandatory return to the office, it can be met with a great deal of anxiety and resistance. You may have built a new life around remote work, and the thought of returning to a long commute and a rigid office schedule can be deeply unsettling. It can feel like a step backward, a loss of a benefit you have come to rely on.
If you are facing a return-to-office mandate, you may be wondering what your rights are. Can your employer legally force you to come back? Do you have any recourse if you want to continue working remotely? These are pressing questions for many employees in New Jersey. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, we are at the forefront of these emerging issues in employment law. We can help you understand your rights and navigate this new and evolving landscape.
The General Rule: Employers Can Dictate Your Work Location
In general, employers in New Jersey have the right to determine the location where their employees work. Employment is typically “at-will,” which means that an employer can set the terms and conditions of employment, including the work location, and an employee is free to accept or reject those terms. This means that, in most cases, an employer can legally mandate that its employees return to the office, even if they have been working remotely for a long period of time.
However, this right is not absolute. There are important exceptions to this rule where an employee may be able to challenge a return-to-office mandate. These exceptions typically arise when the mandate conflicts with an employee’s rights under discrimination and leave laws.
The Right to a Reasonable Accommodation for a Disability
The most significant exception to an employer’s right to mandate a return to the office is the right to a reasonable accommodation for a disability. Under the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD), employers are required to provide reasonable accommodations for employees with disabilities.
If you have a disability that makes it difficult or unsafe for you to return to the office, you may be able to request to continue working from home as a reasonable accommodation. For example:
•If you have a compromised immune system, working from home could be a reasonable accommodation to protect you from exposure to illness.
•If you have a mobility impairment, working from home could eliminate the challenges of a difficult commute.
•If you have a mental health condition, such as anxiety or PTSD, that is exacerbated by the office environment, working from home could be a reasonable accommodation.
If you request to work from home as a reasonable accommodation, your employer must engage in an interactive process with you to determine if it is a reasonable request that does not pose an undue hardship on the business. Given that many companies have successfully operated with a remote workforce, it can be difficult for an employer to now claim that remote work is an undue hardship.
Retaliatory Return-to-Office Mandates
A return-to-office mandate may also be illegal if it is implemented for a retaliatory reason. For example, if you recently engaged in a protected activity, such as reporting harassment or filing a whistleblower claim, and you are suddenly singled out and ordered to return to the office while others are allowed to continue working remotely, it could be a form of unlawful retaliation.
What to Do if You Are Facing a Return-to-Office Mandate
If your employer has announced a return-to-office mandate and you want to continue working remotely, here are the steps you should take:
1.Assess Your Situation: Determine if you have a legal basis to request an exception to the mandate. Do you have a disability that would entitle you to a reasonable accommodation? Do you believe the mandate is being applied to you for a discriminatory or retaliatory reason?
2.Make a Formal Request: If you are seeking a reasonable accommodation, make a formal request to your HR department in writing. Explain that you are requesting an accommodation for a medical condition and that you would like to continue working from home.
3.Engage in the Interactive Process: Be prepared to provide medical documentation to support your request and to discuss potential alternative accommodations with your employer.
4.Consult with an Attorney: The law in this area is still developing, and it can be complex. An experienced employment law attorney can help you understand your rights, craft a strong request for an accommodation, and, if necessary, challenge a wrongful denial.
Navigating the Future of Work
The shift to remote work has been one of the most significant changes in the modern workplace. As employers and employees navigate the “new normal,” conflicts over return-to-office mandates are likely to become more common. It is a stressful and uncertain time for many, and it can be difficult to know where you stand.
At our firm, we are committed to helping employees protect the flexibility and autonomy they have gained. We believe that remote work can be a powerful tool for promoting a more inclusive and accessible workplace. If you are facing a return-to-office mandate and believe your rights are being violated, we are here to help.
We invite you to contact us for a confidential consultation. Let us help you navigate this new frontier and fight for a work arrangement that meets your needs and protects your rights.
Frequently Asked Questions (FAQ)
Q: My employer is requiring everyone to return to the office, but I just prefer working from home. Do I have any rights?
A: If your desire to work from home is simply a preference and not related to a disability or another protected characteristic, your employer is generally within its rights to require you to return to the office. However, you can always try to negotiate a flexible work arrangement with your employer.
Q: My employer denied my request to work from home as a reasonable accommodation. What should I do?
A: If your employer denied your request without engaging in a good-faith interactive process or without a valid reason (such as undue hardship), you may have a claim for disability discrimination. You should contact an employment lawyer to discuss your options.
Q: Can my employer pay me less if I work from home?
A: Generally, yes. An employer can set different pay scales for remote and in-office employees, as long as the pay differential is not based on a discriminatory reason (such as paying remote female employees less than remote male employees for the same work).