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Tuesday, January 20, 2026

Howard Levitt: How employers can avoid the legal traps of remote work - Financial Post

Employers managing remote workers have stumbled into the same legal traps over and over again for much of the past four years. The courts have noticed — and employees have capitalized.

It does not have to be that way.

With a handful of disciplined practices, employers can reverse the trend, reassert managerial control and stop writing settlement cheques to employees who have never set foot in the office.

The biggest employer blunder is treating remote work as a handshake deal. Courts treat it as a binding term.

Every employer should have written, signed remote-work agreements specifying:

  • Remote work is not guaranteed
  • The employer may alter or revoke remote status at its discretion with some specified amount of advance notice
  • Office attendance requirements may change based on business needs
  • Surveillance or productivity tools may be used (within reasonable limits)
  • The employee must maintain a safe and appropriate workspace

If you don’t include these provisions, a judge will assume the remote arrangement is permanent, and that any change is a constructive dismissal.

It is astonishing how many employers still ignore this.

Employers adopt monitoring software because they lack confidence in managing from a distance. But opaque and inaccurate tools are worse than none.

  • how the software works,
  • what it measures,
  • its error rate,
  • and how it factors context,

then you cannot rely on it to discipline or terminate someone.

If you must use monitoring tools, choose systems that are...



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