work remote request

[Chris Vaage]

#108259

Forum: Community

An employee proposed a remote work arrangement which we are not able to approve. The employee is moving cities. When we decline this request we want to offer this person to go on contract instead and work on an event / deliverable basis. What is the best way to decline this request and moving this person to a contract so we are still in compliance with our policy and this person can still work for us on a contract basis? This person would need to resign first and then we could offer a contract. I feel like they are not going to resign and they are going to try and work remotely even though we have declined their request.

[Haley O’Halloran]

#108261

The employee’s request for a permanent remote work arrangement should be assessed and communicated based solely on your organization’s operational needs and Remote Work Policy. If the request cannot be approved, clearly explain that the position requires work to be performed from the approved work location and that the existing terms and conditions of employment remain unchanged.

If the employee chooses to relocate and is therefore unable to continue working under those existing terms, ask them to confirm whether they intend to continue their employment as currently structured. If they are unable or unwilling to do so because of the move, the employment relationship would end through the appropriate process, such as a voluntary resignation. If they instead begin working remotely without authorization, this should be addressed through your normal performance and disciplinary processes rather than being accepted by default.

Once the employment relationship has ended, you may discuss the possibility of engaging the individual as an independent contractor for specific projects, events, or deliverables. This contractor arrangement should be clearly separate from their employment and structured as a genuine independent contractor relationship, with project-based work, defined deliverables, and appropriate contractual terms. Separating the employment decision from any future contracting opportunity helps reduce legal risk and supports compliance with your organization’s policies and applicable employment laws.

I hope this helps!
-HRInsider Staff

[Chris Vaage]

#108262

thanks! can you please articulate why Separating the employment decision from any future contracting opportunity helps reduce legal risk and supports compliance with your organization’s policies and applicable employment laws?
I am reading that we should not offer contract work until the employee resigns?

[Haley O’Halloran]

#108264

While there is no legal requirement to wait until an employee has resigned before discussing a potential independent contractor arrangement, it is generally a prudent risk management practice to keep the employment decision separate from any future contracting opportunity. If a contract role is offered at the same time the employee is advised that their remote work request has been denied, it may create the impression that the employee was encouraged or pressured to leave employment in exchange for continued work.

Separating these decisions helps demonstrate that the remote work request was assessed solely on the organization’s operational needs and Remote Work Policy, and that any decision regarding the employee’s continued employment was made independently of a potential contractor relationship. It also reduces the risk of allegations that the resignation was not truly voluntary, that the employer was attempting to avoid its obligations under employment standards legislation, or that the contractor arrangement was simply a continuation of the employment relationship.

Once the employment relationship has ended, the organization can assess whether there is a legitimate business need to engage the individual as an independent contractor for specific projects or deliverables. Treating the contractor engagement as a separate business decision helps support a clear distinction between employment and independent contracting, reduces worker classification risk, and demonstrates consistent application of the organization’s employment, procurement, and contractor engagement policies.

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