Work policies and work from home demands

Now that the pandemic is on the wane, some employers are breathing a sigh of relief and setting dates for a full return to the office. They are glad work from home (WFH) is finally over. On the other hand, some employers have decided they can get along just fine working remotely and are giving up or contemplating giving up their office space.

Some employers are letting departments decide if they are going full-time in, full-time remote, or some form of hybrid.

Some employees may feel glad to return to the office, while some may resist as they like working from home.

It took a while for many to adapt to working from home after COVID hit, but many got used to it and don’t want to go back to the office. Those who resist the return may get used to going back in the office after a while, but many won’t. The new normal will be different for different people for various reasons.

Work from home productivity

Opinions differ on whether work from home is more or less productive. It probably depends on the type and level of job, and the individual. There is no doubt that many are as productive at home as in the office. There are concerns WFH may be more demanding because of an expectation of always being on the job that has even led to legislation requiring disconnect policies. But there are many taking undue advantage and not putting in the time and effort they should.

Challenges

WFH can work well – but does have drawbacks. Employers can still be responsible for working conditions even in the employee’s home. WFH makes it harder to connect with and get to know colleagues. And it’s difficult for new hires to understand an organization’s culture or get the mentoring they need. For example, students and new hires will have a harder time getting acclimatized and may be less recognized when it comes to work assignments and education. It risks making WFH staff second class employees and overlooked for advancement, promotion, salary, and other matters. WFH can be less personal, which makes both employees and employers less loyal to each other.

Successful WFH will require employers to be more attentive to and creative around the culture and interactions amongst all employees. Many companies are working on enhanced remote video or metaverse-type ways to try to level that playing field.

Just because an employer can demand that everyone return to the workplace doesn’t mean they will get their way. Some employees may find a job elsewhere.

This ZDNet article says tech’s great resignation has only begun, and that “Inflexible policies around where staff can — and cannot — work will leave you struggling to hire, or hold on to the best talent.” There are so many unfilled tech jobs that many can afford to be picky about their work conditions.

Legal perspective

From a legal perspective, employers generally get to set work conditions, and if they say employees have to return, they must. But it is not always that simple, and the control and remedies the employer has will vary depending on the circumstances.

My employment law colleagues tell me that the answers come down to a case-by-case basis. Factors include employment agreement terms, workplace policies, accommodation obligations, and even allegations of unequal treatment. The nature of the work and legislation governing the industry are also relevant.

Like many changes, the pandemic was more of an accelerant than a cause of WFH. It was inevitable given where tech was going and is here to stay in some form. It will take time to sort out the WFH kinks.

David Canton is a business lawyer and trademark agent at Harrison Pensa with a practice focusing on technology, privacy law, technology companies and intellectual property. Connect with David on LinkedIn and Twitter.

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