Took a managerial position in April which was introduced as fully remote. In fact, all employees that are in my dept are still remote and has been that way since Covid. Stupid me for not getting it in writing but office was empty.
Before accepting offer, told employers that I will be taking a 2 month paternity leave (unpaid and no benefits) but my job obviously has to still be there.
Came back on a Wednesday in late July, got a call on Friday from boss at 12:30 pm saying he wanted me to head back to office on Monday and moving forward, 5 days a week full time. Asked if it was a policy change and he said no, just me. Told him that it was my understanding that it was supposed to be remote and he said no. I let him know that at the very least, I will need much more than a half day of notice bc it’s just my wife with a newborn at home. Should’ve communicated it to me via email during my leave or before the leave so that I could have made some accommodations like hiring a nanny. HR was constantly communicating with me during leave regarding benefits so it seemed reasonable. Basically said that if I did not head to office, it would be construed as refusing to show up for service. I said I cannot head back to office on Monday.
Boss said to drop off my laptop etc Monday to HR and get my final check then. On Monday, HR had just gotten back from vacation so was barely aware of what had happened. Had to inform her. She said it’s officially a layoff and when asked what the reason was, she said “you thought it was remote work”. Didn’t seem to fully tell the story and it felt that I was pushed out just like that. Ironically, boss went on vacation that week so was not even available for any kind of discussion or plan.
Also I’ve never been written up, disciplined. HR had me sign docs stating my last day and that I returned my belongings. No severance offer or letter asking that I can’t sue. I was wondering, if HR had been present, could the outcome had been different? Should HR had been present during this entire event?