This. Op until this is crystal clear, no one will believe you need her there. Sounds like the employee is also calling bs. |
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Not this case, but at will means they can make you do whatever they want WITHIN reason or the employer can be sued for constructive dismissal. Meaning, an employer can make changes that would make it impossible to continue. For example, someone lives in Vermont, works remote, and they want them to now come in to a Manhattan office.
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Her family situation and commute is really none of your business.
You can absolutely tell her that business needs have changed and you need her in the office 5 days a week. And then she knows to start looking for another job or quit outright. When you hire her replacement, don’t call the position “hybrid”. Just call it in office, 8-6, or whatever you need the hours to be. Someone will want that job. Maybe at the current wage, maybe at a higher one. Maybe someone with the same talent/experience, maybe not. But you’ll find someone. |
Sure. But that doesn't mean she can't do a PT appointment first thing in the morning and get back home by 9am, or see her doctor for a video visit during her lunch hour (which she may not have the privacy to do that in the office). |
Being childless is not a protected class. And depending where the business is located, there might not be very many worker protections. |
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Where is the job located and what field is the job in?
I am looking for a job, and 5 days a week is fine. |
| What does her hiring letter say? Go off that. |
Family status is protected in some states. Age and pregnancy (and thus decisions based on non-pregnancy) are protected in all states. |
Wrong. |
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Being mid-20s and living close to the office doesn’t mean you’ll jump at the chance to come in 5x a week. Some people are more introverted and relish the time on their own for head’s down work. Not to mention flexibility for errands, appointments, and yes travel.
If she is not fulfilling her duties then be clear about that. |
| I'm getting red flags all over this post. OP needs to add some context. |
It varies by state but yes, familial & marital status is protected |
| She needs to sign her TPS reports in red ink, not with her digital certificate, duh |
I'm almost in my 50's, have no kids and live close to work. But I relish my work at home days! I sit on the couch blasting music and bang out work in my pjs. No bra, no pants, don't have to waste time looking "presentable", can do laundry while working and don't get interrupted. I don't have to be "on." I just get emails, read them, and act on them. I don't have a side job. I just really like working from home. |
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My company did significant hiring during the pandemic. HR ultimately starting telling people they should operate with the assumption that they would be in the office five days a week (choose housing/make childcare arrangements accordingly). In most cases, they weren’t, but we had way too many situations of people claiming they’d been told this was a fully remote job and refusing to be on projects that had them in the office even a couple of times a week.
That being said; where she lives, whether she has children, or even whether she is working from a ‘long weekend’ vacation spot is irrelevant. If you need to change the terms, she may walk, and you need to be prepared for that. |