Remote Work and Accommodations: How to advocate for yourself.

By: Stephanie Diana Eubank

Many companies are still pushing the Return to Office or RTO as a method of dodging the WARN Act to violate workers’ rights. This tactic has continued since 2013 when Yahoo CEO Marissa Mayers banned remote work with a mandatory RTO. This is detailed in the Forbes article by Goudreau (2021), where the then-CEO Mayer discusses (and I so hate this word) increasing workplace synergy as the reason for calling back remote workers. Many workers at that time were women and working parents who could not afford to return to the office and were forced to resign without unemployment benefits. This is the first example of leadership working to skirt the Warn Act, although, at the time, remote work wasn’t as pervasive as it is now.

Fast forward to today, and many companies are dealing with having low application turnouts and complaining that “no one wants to work anymore” due largely to return to office/ RTO policies and harsh hybrid policies. However, many, like me as consultants, have strict contracts that many HR companies overlook. Several companies are trying to bully remote workers by forcing RTO or forcing requirements not detailed in their contracts. For being in stand-up meetings not detailed as a requirement in their contracts on time zones three plus hours ahead (sorry, 6AM is not a reasonable time to want anyone to present in a meeting if they are consultants or researchers), trying to force duties outside of the worker’s skill set and contract, among other well-known methods to basically force someone to leave an organization. These tricks are so well known they are borderline cliché, and the media wonders why the workforce has developed a disloyalty and distrust of business leadership.

Although the laws are still trying to catch up to remote workers’ rights on the federal side, there are ways to advocate for yourself. Such as:

If you have a contract that details you are being hired only as a 100% remote worker, have a lawyer review. Often, companies that draft those contracts leave open-ended language to allow them to shift you to in-person work. However, ambiguity benefits the person who did not draft the contract. Be prepared to stand your ground and be sure to always have savings to obtain legal representation.
Remember that HR is not your friend. As HR reps are often trained in several aspects of employment benefits, we forget their job is to protect the company. My students often freak out when I point out that companies developed HR as a method of Union Busting, as people are less inclined to join a union if the company has a representative who is meant to help them. It drives home my husband’s saying, “Don’t trust the people you are not directly paying.”
If you have a documented disability, note in writing if you are being asked to return to the office or RTO for continued remote work because it is disability accommodation. Ensure a worker’s rights lawyer is in line and all items are in writing. The company can file against it, showing that it is an undue hardship, but it will be required to prove how it would be. Again, always make sure that you talk to a lawyer.
You can also petition to negotiate remote work. Point out if you have high performance, and include a lawyer in the process.
You can work to get your company to unionize if they are not already. This will create better negotiating power for you and your company to protect your rights.
You can always look for a company that respects your time and skills and is willing to have remote work.

In the end, sometimes the answer is no, and if you want and thrive in remote work, the best thing is to look elsewhere. Always know your workers’ rights and speak with local legal professionals to better help you protect yourself. Especially if you are a business owner or an independent contractor. If you enjoyed this content, like and subscribe. Also, if you are interested in consulting services, please reach out through my social media. Remember, the remote is here to stay.

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Twitter: @SDEubank

Blog: drstephaniebeardbaremoteresearch.org

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Work Cited

Goudreau, J. (2021, June 30). Back to the stone age? New Yahoo CEO Marissa Mayer bans working from home. Forbes. https://www.forbes.com/sites/jennagoudreau/2013/02/25/back-to-the-stone-age-new-yahoo-ceo-marissa-mayer-bans-working-from-home/?sh=f81353416672

York, J. (2022, August 22). How workplace bullying went remote. BBC News. https://www.bbc.com/worklife/article/20220819-how-workplace-bullying-went-remote

Abril, D. (2022, May 13). If I take a remote job, can I be forced into an office? – the … http://www.washingtonpost.com. https://www.washingtonpost.com/technology/2022/05/13/return-to-office-hybrid-remote/