The COVID-19 pandemic completely changed the way we work, with remote jobs becoming the norm for millions. But now, many companies are pushing employees back into the office with "return to office" (RTO) policies. This shift has sparked controversy, leaving workers wondering: Can my employer legally require me to come back?

For most employees, the answer is yes—but there are important exceptions. While employers have broad discretion under at-will employment laws, some workers may have legal protections that prevent a forced return. Below, we break down when employers can legally enforce an RTO policy and when employees may have grounds to challenge it.

Of course, we always urge you to seek legal advice from an experienced employment law attorney, such as Brandon J. Broderick, Attorney at Law. Call today if you are seeking help. 

At-Will Employment and the Employer's Right to Enforce RTO Policies

Understanding At-Will Employment

In the U.S., most employees work under at-will employment agreements. This means an employer can change work conditions—including requiring in-office attendance—at their discretion, as long as they are not violating any laws.

However, there are three key exceptions where an employer’s ability to enforce an RTO policy may be limited:

• Discrimination Protections – Employers cannot selectively enforce an RTO policy based on race, gender, religion, disability, or other protected categories under Title VII of the Civil Rights Act of 1964.
• Americans with Disabilities Act (ADA) Accommodations – Under the ADA, employees with qualifying disabilities may request reasonable accommodations, including remote work, if it does not create an undue hardship for the employer.
• Contractual Agreements – If an employment contract or collective bargaining agreement guarantees remote work, an employer cannot unilaterally revoke those terms.

When Can Employers Legally Require a Return to the Office?

While there is growing resistance to RTO policies, companies have the right to mandate in-person attendance in most cases. Here’s when RTO policies are legally enforceable:

1. No Pre-Existing Remote Work Agreement

If employees were temporarily allowed to work remotely during the pandemic but did not sign an agreement guaranteeing remote work, employers can legally require them to return.

2. Business Justifications

Employers often argue that in-person work is essential for:

• Collaboration and teamwork
• Use of company resources or equipment
• Training and supervision

If these reasons are applied fairly and consistently, the employer is acting within their rights.

3. Performance Concerns

Some employers claim that remote work has negatively affected productivity. If an employer can demonstrate a legitimate business reason for requiring in-person attendance, they have the right to enforce an RTO policy—unless an exception applies.

When Might an RTO Policy Be Unlawful?

Not all return-to-office policies are legal. Employers must ensure that their policies do not violate state or federal employment laws.

1. Disability Accommodations Under the ADA

If an employee has a disability that makes commuting or in-office work difficult, they may request an accommodation under the ADA. Employers must engage in the interactive process to determine whether remote work is a reasonable option.

Example: An employee with an autoimmune disorder who is at higher risk for severe illness may request remote work. If the employer denies the request outright without considering alternatives, this could be an ADA violation.

2. Unequal or Discriminatory Enforcement

Employers must apply RTO policies consistently across all employees. Selectively requiring certain groups—such as older employees, pregnant workers, or parents—to return to the office while allowing others to remain remote may be considered discrimination.

Example: If a company allows younger employees to remain remote but requires older employees to return, it could be violating the Age Discrimination in Employment Act (ADEA).

3. Breach of Employment Contracts

If an employee was promised fully remote work as part of their contract, the employer cannot revoke that benefit unless the contract allows for changes.

Example: If a company hired an employee with the explicit agreement that they could work remotely indefinitely, but later forces them to return to the office, the employee may have a breach of contract claim.

What Can Employees Do if They Disagree With an RTO Mandate?

If you feel your employer’s RTO policy is unfair or unlawful, here are the steps you can take:

1. Review Your Employment Agreement

Check if you have any written agreements outlining remote work policies. If your employer is violating a contractual promise, you may have legal recourse.

2. Request an ADA Accommodation

If you have a disability or health condition, you can request reasonable accommodation under the ADA. Employers must consider your request and determine if remote work is feasible.

3. Consult HR or Legal Counsel

If you believe your employer is selectively enforcing RTO policies or violating your rights, discuss your concerns with HR. If your concerns are ignored, consider speaking with an employment attorney.

4. File a Complaint

If your employer is violating federal laws—such as the ADA or Title VII—you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor board.

Call Brandon J. Broderick For Legal Help

Facing an unfair return-to-office mandate? You don’t have to navigate it alone. While employers generally have the right to require in-office work, those policies must comply with the law and respect employee rights.

At Brandon J. Broderick, Attorney at Law, we help employees understand their rights and take legal action when necessary. Whether you need assistance with workplace discrimination, ADA accommodations, or contract disputes, we are here to help.

Contact us today for a free consultation, and let us fight for your workplace rights.