TUCSON, Arizona (KOLD News 13) – Many people who work from home are now being told to return to the office. But what if you want to keep working remotely? What are the employee rights in this context?
According to Debora Verdier of the Cavanagh Law Firm, your boss can definitely ask you to return to the office. Although it is ultimately the employer’s choice, she said, there is a caveat.
The employer is obliged to take appropriate account of a disability. Verdier says an example could be: an employee with a disability that makes them more susceptible to COVID-19. The employer should take that into account, she says.
What about the employee who just enjoys working from home and says that over the past year and a half they have proven that they can and that they want to keep going?
“This is a hiring decision that is made as if the employee was in the office when the job started and you are now expected to come back to the office. Being in the office, if the employer so dictates, is an essential function of the workplace, then you have to come to the office if you want to keep the job, ”said Verdier.
She went on to say that in most cases it would be non-discriminatory to fire someone who refuses to come back as long as the boss applies the same standard everywhere.
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