In most cases, employers have the legal right to require employees to return to in-person work. However, there are important exceptions and legal protections that workers should understand, especially when health, safety, or accommodations are involved. For legal help from an employment lawyer in Los Angeles, contact Yadegar, Minoofar, & Soleymani LLP today.
At-Will Employment and Workplace Policies
California is an at-will employment state, meaning employers can change the terms of employment—including work location—at any time, as long as the change is not discriminatory or retaliatory. If your employer had previously allowed remote work but now requires you to return to the office, they generally have the legal right to enforce that change. Refusal to comply could result in disciplinary action or termination.
That said, employers must provide reasonable notice of the change and apply the policy consistently across the workforce. Sudden, selective enforcement of return-to-office policies could raise legal concerns, particularly if it disproportionately affects protected groups.
Exceptions for Disability Accommodations
Employees with medical conditions or disabilities may have the right to reasonable accommodations under both the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). If working from home was a reasonable accommodation for your condition—and your job duties can be performed remotely—your employer must consider continuing that arrangement to avoid a discrimination lawsuit.
To request an accommodation, you must provide medical documentation and engage in the interactive process with your employer. If your employer denies the request without justification, it could be considered disability discrimination or failure to accommodate, both of which are illegal under California law.
Health and Safety Concerns
Employees may also have concerns about unsafe working conditions, especially in the wake of public health emergencies. While general fear of returning to work is not enough to refuse in-person duties, employees are protected from workplace retaliation when they:
- Report unsafe conditions to OSHA or Cal/OSHA
- Request personal protective equipment (PPE)
- Comply with medical advice to quarantine or isolate
If your workplace does not comply with state or local health guidelines, you may have grounds to file a complaint or request alternative arrangements. Your employer cannot fire or retaliate against you for reporting legitimate safety concerns.
Employment Contracts and Remote Work Agreements
If you have an employment contract or written remote work agreement, your employer may be bound by those terms. In such cases, requiring a return to the office without renegotiating the agreement could breach the contract. Review your documents carefully and consult an attorney if you believe your rights are being violated.
How an Employment Lawyer Can Help
If you are facing pressure to return to the office and believe it violates your legal rights, an experienced Los Angeles employment lawyer can help. They can:
- Evaluate your employer’s return-to-office policy
- Determine whether you qualify for a legal exemption or accommodation
- File complaints with labor agencies if necessary
- Represent you in negotiations or legal action
Returning to the office is not always a simple yes or no issue. Your health, legal rights, and workplace policies matter. If you feel forced to return under unfair conditions, do not hesitate to seek legal guidance.