Remote work settled into Canadian workplaces long ago, yet many employers still operate as though the shift was temporary. The result? Quiet risks, unclear expectations, and legal obligations hiding beneath everyday workflows.
Remote work isn’t dangerous on its own; unstructured remote work is.
The most common misstep happens before employers even realize it: allowing an arrangement to drift. When an employee works remotely for months or years without written terms or reminders that the arrangement may change, they may begin to view their home office as a permanent right. That’s how a reasonable recall to the office can quickly morph into a constructive dismissal claim.
Employers often overlook a second critical point: Jurisdiction follows the worker.
If your Ontario-based employee performs their work in Alberta for the summer, Alberta’s employment standards may apply. That influences overtime, vacation, leaves, holiday pay, and hours-of-work rules, even if the employer never intended the shift. Remote work isn’t borderless…at least, not legally.
And then there’s the pressure of constant connectivity. Employees who check messages late at night rarely see themselves as “working,” but the law often sees it differently. Employers with 25 or more workers must maintain a written Right to Disconnect policy, yet many treat it as paperwork rather than practice. A policy that sits in a handbook doesn’t stop the quiet build-up of unpaid hours, fatigue, and burnout.
Remote monitoring has grown alongside remote work. Software now tracks logins, timestamps, keystrokes, and device activity, but transparency remains essential. Employees need to know if they’re being monitored, how, and why. This isn’t optional; it’s part of building a compliant and fair digital workplace.
Finally, remote exits demand as much structure as remote onboarding. Revoking access, collecting equipment, and securing data can’t happen casually. A forgotten laptop or saved file on a personal device may expose confidential information that would never have left a traditional office.
To help bring structure to this new reality, employers should keep a few essentials in mind:
- Remote work arrangements need written terms to avoid creating unintended rights.
- Employment standards often follow the province where the work is performed.
- Ontario employers with 25+ employees need a Right to Disconnect policy.
- Any electronic monitoring must be disclosed to employees.
- Remote offboarding needs structure: equipment return, access removal, data security.
Remote work can absolutely be a strategic advantage. But it works best when the flexibility employees love meets the clarity the law requires.
If your workplace policies feel outdated or improvised, SpringLaw can help you build a remote-work system that protects your business and supports your team. Schedule a call today
Lisa Stam
Lisa Stam is the founder of SpringLaw and a leading employment lawyer focused on technology, digital work, and modern workplace design. She advises employers on remote work policy, compliance, and workforce strategy, helping teams balance flexibility with legal clarity in an increasingly digital environment.
