Introduction
Since 2020, remote and hybrid work arrangements have become far more common throughout the US, New Jersey included. Another occurrence is return-to-office protocol, leaving many employees wondering: Can my employer force me to return to the office? Several factors are key in determining whether a forced return is legal, including employment contracts, company policies, and legal protections under state and federal law. While employers generally have the right to require in-office work, there are some exceptions. Here is what you need to know about your rights if your employer is demanding a return to the office in New Jersey.
Key Takeaways
- In New Jersey, at-will employment allows employers to set workplace policies unless they violate labor or discrimination laws.
- You may refuse in-office work if you have a contract guaranteeing remote work, a medical condition requiring accommodations (ADA/NJLAD), or if workplace safety laws (OSHA) are being violated.
- Unless protected by a contract, health risk, or safety violation, refusal to return may result in job loss.
- Employees with medical conditions can request remote work as a reasonable accommodation, which employers must grant unless it causes undue hardship.
- If your employer violates a contract, denies a valid accommodation, or retaliates, you can file a complaint with the EEOC or NJ Division on Civil Rights and seek legal advice.
Can Your Employer Legally Require In-Office Work?
Yes, in most cases, your employer can legally require you to return to the office. Why? New Jersey follows what is called “at-will employment,” meaning that employers set policies, and those policies have to be followed, unless said policies violate labor laws or discrimination protections. When you sign a contract, you are acknowledging those policies and submit to whatever they say. However, certain exceptions may apply, including:
- Employment Contacts or Agreements: If you signed a contract specifying remote work, your employer may not be able to force you back into the office without violating the agreement.
- Americans with Disabilities (ADA) Accommodations: If you have a medical condition that makes remote work necessary, you may be entitled to a reasonable accommodation under the ADA.
- State and Local Laws: While New Jersey does not have a specific law requiring remote work options, employers must comply with workplace safety and anti-discrimination laws.
What If You Were Hired as a Remote Employee?
If you were originally hired for a fully remote position, your employer may not be able to force you back into the office without violating your written employment agreement. In such an event, review your contact to see if fully remote is recorded for your position. However, if there was no such written agreement that guarantees strictly remote work, your employer can change the policy with proper notice, due to your at-will status.
If you believe that your employer asking you to return to the office is a violation of your employment contract, you will want to do the following as soon as possible:
- Again, review your employment contract for any terms regarding remote or hybrid work.
- Request clarification from your employer in writing.
- Consult an employment attorney in New Jersey, like Swartz Swidler, LLC, if you believe your rights are being violated. The attorney will review the situation and let you know if you have a case.
Can You Refuse to Return to Office?
You can, but in most cases, you have to have a valid legal reason. Otherwise, you may face disciplinary action, such as termination. That said, there are specific circumstances where there may be legal grounds to refuse an in-office mandate.
You can legally refuse to return to the office if:
- Returning to the office poses a health risk. If you have a documented medical condition that makes in-office work unsafe, you may be entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA) or New Jersey Law Against Discrimination (NJLAD). This could include remote work or a modified schedule.
- Your employer is violating a contractual agreement. As mentioned previously, if you signed an employment contract or received a formal agreement stating that your position would remain remote, your employer may be breaching the contract by demanding in-office work.
- Your employer is not complying with workplace safety laws. Employers must provide a safe work environment under the Occupational Safety and Health Act (OSHA). If your office has unsafe conditions, such as poor ventilation, lack of sanitation, or COVID-19 risks, you may have a valid legal reason to refuse to return.
If you believe that the return-to-office request is unfair or unlawful in any way, there are several things you can do. First, you may be able to request accommodation for a medical condition, if you have not already. The ADA or NJLAD can help you continue remote work. You can also negotiate for a hybrid agreement. Also, be sure to document your concerns and communications with your employer, and if you believe the mandate violates your rights, speak to an employment attorney.
Workplace Accommodations and Your Rights
Under the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD), employees with medical conditions may request reasonable accommodations, including remote work. Employers must consider accommodations unless they can prove it creates an undue hardship for the business.
To request an accommodation, you should:
- Inform your employer in writing about your need for remote work.
- Provide medical documentation supporting your request.
- Engage in an interactive process with your employer to find a solution.
If your employer denies a reasonable accommodation without justification, they may be violating the law, and you could have grounds for a legal claim.
What to Do If Your Employer Violates Your Rights
If you believe your employer is unfairly forcing you back into the office, violating an agreement, or refusing a reasonable accommodation, you may have legal options. Steps you can take include:
- Filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR).
- Consulting an employment attorney to assess your case and explore legal action.
- Gathering documentation, including emails, contracts, and medical records, to support your claim.
Contact an NJ Employment Lawyer Today to Learn More
While New Jersey employers can require in-office work and request that you return to the office, there are also exceptions of which to be aware. If you are being forced back into the office under unfair or unlawful circumstances, such as a violation of your employment contract, you may have a case.
Is your employer violating your rights? Is the mandate forcing you to return to unsafe work conditions? Swartz Swidler, LLC can help. Our experienced New Jersey employment attorneys can assess your situation and guide you through the legal proces. Contact us today at 856-685-7420 or by filling out the online contact form to schedule your free consultation.
