Employment Law Questions? Ask an Employment Lawyer.
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What is the employer's reason for this change in policy? Does the union contract address telecommuting an the employer's ability to change policy? Lastly, does your husband have evidence to suggest some discriminatory motive for being singled out like this, such as his age, disability, or ethnicity? I very much look forward to helping you on this matter.
Thank you for the additional information. Does your husband believe there is a discriminatory motive for him being singled out like this?
Okay, thank you again.
The difficult thing here is that employers are generally free to change their policies at any time. The only exceptions would be if there is a union agreement specifically so prohibiting, or if there is an unlawful discriminatory motive, such as race, religion or age. Otherwise, employers have no obligation to be fair, and there is nothing inherently illegal about targeting your husband when other employees are still telecommuting or are enjoying more relaxed schedules. It's bad management to be inconsistent like this, but it is not illegal to be bad at management.
So, typically in these circumstances, the extent of your husband's remedies will be to work with his union rep and have them advocate for the retention or partial retention of his telecommuting schedule. If there is a specific provision in his union contract which limits his employer's ability to revoke telecommuting, he can file a formal grievance as well.
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