Talent Toolbox

Remote Work Policy Change for Employees Who Have Contracts for Flexibility: 

Conclusion: The contract must change before the policy.  

Details:   In general, employers have the right to make changes to their employment policies, including their remote work policies. However, employers must be careful not to violate the terms of their employees' contracts. If an employee's contract states that they can work from wherever they want, then the employer cannot unilaterally change that policy without the employee's consent.   

If an employer changes its remote work policy without the employee's consent and the employee's contract states that they can work from wherever they want, then the employee may have a legal claim against the employer. The employee may be able to sue the employer for breach of contract or wrongful termination. 

The employee may also have a legal claim against the employer if the change in remote work policy discriminates against them based on a protected characteristic, such as race, sex, disability, or age. For example, if an employee with a disability needs to work from home to accommodate their disability, then the employer cannot force them to come into the office. 

If an employer is considering changing its remote work policy, it is important to consult with an employment lawyer to ensure that the change does not violate the terms of any employee contracts or any applicable laws. 

In addition to the legal implications, it is important to consider the impact that a change in remote work policy can have on employees. Employees who have come to rely on the flexibility of remote work may be resistant to a change in policy. This can lead to decreased morale, productivity, and retention. 

Employers should carefully communicate any changes to their remote work policy to employees and explain the rationale for the change. Employers should also be prepared to listen to employee feedback and adjust the policy as needed. 

About EDA, Inc. 

EDA, Inc., a world-class human capital firm with powerful Employee Experience platform, providing SaaS and AI solutions, premium executive development services and leading industry research. EDA’s services include.

• C-Suite & Executive Coaching,
• Custom Executive Development,
• Succession Planning,
• Assessment & Selection Services, and
• High-Potential Development.

It is our pleasure and passion to help organizational leaders create conducive workforce environments so that they can attract, retain, and develop top talent and advance their mission and strategy.