Remote work in Canada has evolved from a temporary pandemic measure into a legally binding term of employment. According to prominent employment lawyer Howard Levitt, employees who work from home now possess significant leverage, provided they know how to use it strategically to protect their arrangements.
The Power of Documentation in Remote Work Disputes
The digital nature of modern work provides remote employees with a powerful advantage: an extensive paper trail. Levitt emphasizes that courts decide cases based on evidence, not vague recollections. He advises workers to become their own court reporters by meticulously saving all relevant documentation.
This evidence should include emails that confirm remote work arrangements, job postings describing the role as remote or hybrid, calendars, chat logs, meeting notes, and any communications that demonstrate productivity and deliverables. Proof of any promises or assurances about office attendance is also critical. A well-organized collection of this evidence can be decisive in a legal dispute.
Immediate Action is Required When Policies Change
Levitt warns that a common pitfall for employees is staying silent when an employer changes their remote work status. Delay can be interpreted as acceptance under the law. If an employer orders a return to the office or alters a long-standing remote arrangement, the employee must respond immediately and in writing.
The response should be professional but firm. Levitt's roadmap suggests asking for the business reason behind the change, inquiring how long it will last, and questioning whether it is negotiable. Most importantly, the employee must confirm their understanding of the new directive in writing. A clear, polite written objection is essential to preserving one's legal rights and preventing a future constructive dismissal claim from failing.
Formalize Agreements and Document Performance
Relying on trust or an informal understanding is risky. For true protection, Levitt recommends seeking a formalized agreement. This could be a written employment contract that explicitly references remote work, or a written policy or email from the employer confirming it as an ongoing term of employment. Even if the employer refuses to formalize the arrangement, that refusal can become relevant evidence, demonstrating that remote work was a recognized part of the employment relationship.
Concurrently, remote employees must diligently document their performance. Verifiable productivity is one of their strongest tools. Keeping weekly summaries of completed work, copies of deliverables, logs of meeting attendance, time-stamped submissions, and notes from coaching conversations creates an objective record. This evidence can effectively counter any future allegations of poor performance from an employer.
Howard Levitt's analysis, published on December 18, 2025, serves as a crucial guide for the Canadian workforce. As the remote work debate continues, understanding these legal strategies empowers employees to navigate return-to-office mandates from a position of knowledge and strength, potentially avoiding becoming the next casualty in the shift back to the office.
