Employment Law

Negotiating Your Needs as a Remote Worker

Key Takeaways:

  • There is typically not a right to remote work, unless it is a reasonable job accommodation for someone with a disability.
  • In some states, workers’ comp benefits are not available to remote workers.
  • Negotiating a remote work arrangement can be handled much like negotiating any employment contract.

Working remotely is becoming the new normal for many people. During and after the COVID-19 pandemic, many full-time workers had work-from-home arrangements. This has a lot of benefits for many workers, including reduced transportation costs and a better work-life balance.

Some people want to work from home for health reasons or because it makes it easier for them to care for their children. Whatever the reason for working from home, a successful remote work arrangement requires a detailed agreement. This article provides some information on negotiating work-from-home policies upfront. For legal advice about how you can negotiate an employment contract, find an experienced employment law attorney near you. 

Do You Need To Prepare for Your Negotiation?

Telecommuting can be great for your mental health and well-being, but it also has challenges. Working from home (WFH) may not allow for the same collaboration, and you may feel distanced from the company culture. You may miss out on important meetings and opportunities. Time management and distractions can make remote positions more challenging.

Try to assess whether a full-time or part-time WFH situation is right for you. You may be able to negotiate a trial period to see how you work with a home office or whether you prefer an in-person work environment.

Be well-prepared before you talk about remote work hours for a new job or an existing job. Make sure you know what you need, what you want, and the terms you are willing to negotiate. Do your research on the company’s existing remote work policies. Calculate the cost savings of avoiding a long commute and see if it is worth taking a pay cut to have a remote job.

What Are Your Needs as a Remote Worker?

Your needs as a remote worker are different than for in-person work. The equipment you’ll need to work from home can vary based on your job requirements. You need to identify what you need to do your job successfully and make sure you have that equipment available. This includes:

  • A dedicated workspace
  • Computer and necessary software
  • A solid and reliable internet connection
  • Camera and microphone setup for video conferencing
  • Work phone for contact during the workday

A Dedicated Workspace

Having a separate, quiet, and ergonomic work setup is essential to productivity when you’re working from home. It also helps keep your work and private life separate if you can have a dedicated area where you work each day. An ergonomic chair, desk, and keyboard can help avoid fatigue and repetitive stress.

Tech Equipment

Most remote workers need a computer to do their work. Many employers will issue remote workers with a company laptop, especially if they usually provide a computer in the office. However, it is generally up to you to ensure you have internet access. It’s important to make sure your internet is fast enough to support working from home all day.

What Company Benefits Are Available for Remote Workers?

In general, company benefits and payroll taxes do not change for remote workers. If you move to a different state but keep working remotely for the same employer, make sure you file your state income taxes in the state where you live.

However, some benefits may change. Normally, if someone is injured at work, they can get workers’ compensation for medical bills and wage replacement. However, in some states, workers’ comp benefits are not available if you work from home.

If you are classified as an independent contractor instead of an employee, you may lose some of the legal employment and labor law protections. Talk to an attorney about your employment law rights based on your worker status.

Can You Access Necessary Files and Information From Home?

Remote workers also need to ensure they can access the documents and files they need to do their work. This is often done through a company cloud setup, which might require a virtual private network (VPN). However, some information, documents, and materials may only be available on-site. Talk with your employer about how you can access company documents and information.

How Can You Set Clear Expectations?

Set clear goals and expectations for a remote work arrangement. Some employers are hesitant to let people work from home. Having clear benchmarks to hit can make it easier to show you are just as productive working away from the office. These expectations might include meeting monthly goals, following a set work schedule, and being available for meetings at certain times.

How Can You Interact and Get Feedback?

Communication is critical when working remotely. Talk with your manager to figure out the best way to ask questions about your work and receive feedback. Communicating with your supervisors and co-workers includes using the following:

  • Telephone
  • Email
  • Text message
  • Messaging tools
  • Video calls

Can Your Employer Fire You for Working Remotely?

Unless you have an employment contract, most jobs have an at-will status. This means you can quit whenever you want, and your employer can fire you for any reason. However, an employer cannot fire you for an illegal reason. If you need to work remotely because of a disability, firing you may be disability discrimination. If you are fired illegally based on your protected status, you may have a wrongful termination claim.

Talk to an employment lawyer about your legal rights if you are fired while working remotely. An experienced employment law attorney can review your case, explain your legal options, and help you recover compensation.

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