Return-to-office mandates have become hot topics in workplaces across Michigan. These policies often create strong feelings on all sides. When your boss suddenly demands you come back to the office after months or years of remote work, it can turn your life upside down.
Some companies handle this transition poorly, creating situations so bad that employees feel they have no choice but to resign. This might actually be “constructive discharge,” – and you have rights.
What is constructive discharge?
Constructive discharge happens when an employer makes working conditions so unbearable that a reasonable person would feel forced to resign. It’s like being fired, even if you technically quit. The employer’s actions essentially push you out the door.
Michigan courts look at several factors to determine if constructive discharge occurred:
- Was the situation truly intolerable?
- Did the employer know about the problems?
- Did the employer fail to fix the issues?
- Would a reasonable person in your position also feel forced to quit?
The key is showing that quitting wasn’t truly voluntary but your only realistic option.
How RTOs could lead to trouble
Sometimes, employers unintentionally (or intentionally) create a hostile work environment through RTO mandates. This could especially affect protected workers. Here are some ways RTO mandates could create problems:
- Ignoring health concerns: Failing to accommodate employees with legitimate health issues or disabilities.
- Lack of flexibility: Removing previously approved flexible work arrangements without a valid business reason.
- Unfair treatment: Singling out certain employees or groups for stricter RTO requirements.
- Increased costs: Requiring employees to shoulder significant new expenses, such as commuting or childcare, without compensation.
- Creating a hostile environment: Failing to address discrimination or harassment as workers return to the office.
These kinds of situations could cause employees to feel stressed, devalued and, ultimately, forced to resign.
Your rights as a Michigan worker
If your employer’s return-to-office demands have created an intolerable situation, you have rights. Both state civil rights laws and federal statutes protect Michigan workers.
To protect yourself, document everything. Save emails about policy changes, record denied accommodation requests, and note any harassment or discrimination you experience.
Constructive discharge claims can be complex. What feels unfair isn’t always illegal. Speaking with an employment attorney about your situation can help you understand your options and protect your rights during difficult workplace transitions.