Mirella,
Unfortunately in this post-COVID world, employee demands for flexible work arrangements are frustrating employers like yourself. Given the low unemployment rate and competitive environment, some employees are making demands that 2 years ago would be unthinkable. With this being said, it sounds as if the employee is insubordinate to say the least. Your decision to terminate seems like the smart play, and a case could be made for termination with cause. It is very important that you document these conversations and we would recommend a letter to the employee saying what the work arrangement was at hire, the options available, the demands made to management, and how the company cannot accommodate the changes to the schedule – after which you are within your rights to terminate with 1 weeks severance. We would also recommend that you have the employee sign a termination agreement accepting the severance, and a standard non-compete clause. Your risk of the employee filing some action against you is minimal, but if an action was to be filed, you have very little exposure based on the facts as you have told them.
