Welcome back to this week’s P | A | C | T news, your newsletter by Tech Talent North.
As tech organizations navigate evolving work models, the return-to-office conversation continues to challenge even the most forward-thinking HR leaders.
From legal pitfalls to morale risks, what’s clear is this: a misstep can cost more than just goodwill, it could trigger claims of constructive dismissal or unintended compliance breaches.
That’s why this week, we’ve tapped into the expertise of Connor Levy and Shannon Faleiro, employment lawyers at Miller Titerle + Co., to explore the legal implications and cultural realities of RTO mandates.
Their practical insights offer the grounded guidance needed to help tech People and Culture leaders design people-first, legally sound workplace policies.
Key takeaways:
- Avoid constructive dismissal by reviewing contracts, giving notice, and communicating clearly.
- Remote work still carries risk, from workplace injuries to cybersecurity and compliance.
- RTO policies only work when they’re aligned with culture, leadership, and employee input.
As People & Culture leaders plan for what’s next, Connor and Shannon remind us: the return to office isn’t just a logistical shift, it’s a legal and cultural turning point that demands clear communication, inclusive design, and leadership alignment.
Constructive Dismissal: What People and Culture Leaders Should Watch For
A return-to-office policy can seem like a reasonable operational shift, but when it significantly alters the terms of an employee’s role (especially without notice) it can trigger legal claims.
As Connor Levy explains, “Even though something like going from zero days in the office to five days could constitute constructive dismissal, there are ways employers can mitigate those risks, and that starts with advance notice.”
Shannon Faleiro adds that the most common triggers involve reductions in compensation, shifts in job duties or reporting structures, and increasingly, unresolved toxic work environments.
“Bullying and harassment claims are on the rise,” he notes. “When employees feel complaints aren’t being addressed, they’re more likely to argue that the employment relationship has fundamentally changed.”
Ultimately, clear communication, documented processes, and proactive problem-solving are an employer’s best tools for avoiding claims and maintaining trust during periods of change.
Remote Work Still Carries Legal Liability
Far from eliminating employer obligations, remote work introduces new ones, many of which HR teams are still catching up with.
“If an employee injures their wrist working on the computer, they can still make a WorkSafe claim,” Shannon says. “And because they’re working at home, it becomes a little harder to accommodate them, you don’t know what their workspace looks like.”
Mental health is also a growing concern, particularly as isolation becomes harder to detect and support from a distance.
On top of that, cybersecurity and data privacy risks increase when employees are working outside the country. “If they’re working abroad and get hacked, that’s no longer something within the control of the employer,” Shannon cautions.
Connor emphasizes the importance of tracking where your people are.
“There are cases where employees have moved to another province, or even another country, without letting their employer know. That opens up a whole range of legal and compliance issues.”
As remote work continues to evolve, staying ahead means anticipating these risks, setting clear policies, and keeping open lines of communication, no matter where employees log in from.
RTO Success Depends on Strategy and Communication
Return-to-office mandates can work, but only when they’re designed and rolled out with the right strategy.
“The first step should always be to review the employment contracts,” Shannon advises. “If you impose a blanket RTO policy on someone whose agreement explicitly allows for remote work, that’s a legal risk.”
Employee engagement is just as essential.
“You can’t just say, ‘This is the new policy,’” Connor notes. “You need to listen, engage, and be able to justify why it matters for the business.”
Conducting surveys, identifying constraints, and involving employees in the conversation helps ensure the policy is practical and defensible.
Shannon adds that consistency matters. “If managers say they want their teams in the office but don’t show up themselves, employees notice. It sends the wrong message.”
He recommends documenting all changes and individual exceptions, not just for clarity, but for legal protection down the line.
Unique Considerations for Tech Employers
The tech industry faces unique challenges in the RTO landscape.
With a strong culture of remote work, and many employees having relocated, abrupt mandates can cause both legal and cultural fallout.
“You’re likely dealing with employees who now live far from downtown offices,” says Connor.
“If someone moved to northern B.C. or another province under the assumption that remote was permanent, mandating full-time office attendance isn’t just inconvenient, it could be grounds for a claim.”
More importantly, it can damage morale. “If the culture of tech is remote-first, forcing people back can hurt retention and recruitment. That may not be a legal issue but it’s a serious business one,” he adds.
Lead with Clarity, Not Control
Ultimately, Shannon and Connor agree: the success of any return-to-office strategy comes down to leadership, empathy, and preparation.
“Transparency, acknowledgment of impact, and leadership alignment, those are the three pillars,” Shannon says.
A well-communicated business case, supported by top-down buy-in, creates the foundation for successful implementation.
“You don’t have to grant every request,” he adds, “but you do need to show that you’re listening.”
Return-to-office might just be one of the most defining HR conversations of our time, and with the right balance of legal foresight and people-first leadership, it doesn’t have to come at the cost of compliance or culture.