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Wednesday, January 21, 2026

Howard Levitt: How to avoid becoming the next return-to-office casualty - Financial Post

Remote work is no longer a pandemic-era accommodation. It is a legally enforceable employment term-and employees are discovering that, with the right strategy, they have more leverage than they ever believed.

But leverage only matters if you know how to use it.

Here is the roadmap for employees who want to protect themselves and avoid becoming the next return-to-office casualty.

The greatest advantage remote employees have is the digital trail created by modern work.

When disputes arise, judges decide cases on evidence, not impressions. A well-curated email history beats a manager’s vague recollections every time.

If you want to protect yourself, become your own court reporter.

2. If your employer changes your remote status, respond immediately — and in writing

If your employer orders you back to the office or changes a long-standing remote arrangement, respond professionally but firmly:

  • Ask for the business reason
  • Ask how long the change will last
  • Ask whether it is negotiable
  • Confirm your understanding in writing

Do not simply comply for months and then claim constructive dismissal. Delay equals acceptance in the eyes of the law.

Employees often assume that because they performed well remotely for years, the arrangement is safe.

It likely is, but it is better to be pre-emptive.

Even if your employer refuses to formalize it, their refusal may become relevant evidence — particularly if you detail why it should be formalized. It shows that remote work was part of the...



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