This is how companies lay people off without having to report layoffs
this post was submitted on 18 Oct 2023
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And if they resign, no severance.
Pretty sure Tesla is getting sued right now because they tried to call layoffs resignations with this same scheme
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(4 replies)
Can an employee just refuse to go back and continue to work? I'd much rather be fired by them than give them a pass by resigning.
Yes, but they don't have to pay you unemployment, because they can say you're not following employment requirements.
they can't change your job in order to get you to quit, though. You don't have to agree to new requirements, and can get unemployment because they fire you for not doing so.
In this case, this might still qualify as constructive dismissal. Even if it for sure would, not everyone will apply for unemployment, and they can still challenge it, causing delays and getting more people to not pursue it, ultimately resulting in a layoff that's cheaper than it's ought to be.
Yeah - I'm not a lawyer, but my casual understanding is you can get out of that gotcha if you apply the rule equally to everyone at the company. No legal action against these RTO mandates has been successful so far.
That being said, I didn't fully read the article. Roblox is offering severance to those who don't want to RTO - that's less shitty than a lot of the other tech companies.
That seems like it would only apply to people hired after March 2020. Anyone before then would have been in office anyway.
Maybe. If both parties agreed to the change to become remote full time, then they'd both have to agree to change back. Though having a previous non-remote work agreement changed by an international state of emergency does give some weight to the employer side.
But I'm not a lawyer.
If people were hired (say, in 2020) under the condition that they’re allowed to work from home, this might be considered constructive dismissal - that is, forcing an employee to quit in a way that is equivalent to firing them. The employees are then entitled to the normal rules for unemployment, and potentially severance pay, unused vacation cashout, and so on.
I think Musk is facing several lawsuits along those lines, but might be moving to settle because the cost of arbitration would potentially bankrupt the company.
Employees should sue since this is functionally a layoff.
That's what unemployment is for. If they fight the claim, then yeah, lawyer.
They are actually not able to follow up. They are saying resign.. not get canned. They actually cannot afford severance. Best way to fight back is not comply, not resign.
Constructive or insightful comments, such as this, are the kind of content Lemmy should strive for.
When will these asshole narcissist CEOs learn? We dont want to go into the office to stroke your fuckin ego, douchebag.
I blame all the managers who struggle to create remotely engaging virtual meetings, and who count the majority of their team's productivity based on how many hours they can see them sitting at their desk🙄
another out of touch shitbag CEO ~ sky blue yet
Guess what? He also sued someone for exposing him for protecting paedophiles!
He's one of the highest paid CEOs in the entire world, fun fact... the 7th highest paid, at USD$232,786,391 in 2021(which is 1600x the average roblox employee's pay)
Unspoken here is the third option: navigate a series of untextured raised rectangular platforms littered with smaller rectangles that will fire you automatically if you touch them, designed by an 8 year old that got bored halfway through the engineering phase and wandered off to play Breakin Story 2.
The good news is that, for only 399 robux a month, you can get VIP membership, which includes a coil that allows you to immediately jump over the entire platform and land into a dated pile of two dimensional meme sprites they meant to clean up.
Fire them, I dare you.
They will, with only a month of severance. Their goal is to cut cost, these are layoffs
Cool so what prevents me from not going in 3 times a week and also not resigning?
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(4 replies)
I was given an ultimatum like this once, to do X or resign, and I chose not to do X and refused to resign, and I worked there for an additional nine months until I found something better. I did have to endure several meetings where they kept saying I "needed" to resign or comply, but they never fired me. Said I would get a bad reference, but since that's extremely risky on the company's part, I still used them as a reference. HR dgaf. They just know they can't say anything negative about a previous employee. The whole thing is absurd posturing.
Exactly. Fire me. I'll work as an independent contractor and suck up your unemployment until I can't get another dime, then I'll get a job.
why is it risky on their part?
It's a huge opening to get sued. So you could lose millions, but it'll never make you a cent. So most are advised to just confirm very basic information like how long the employee worked there.
https://www.achrnews.com/articles/141319-what-can-i-say-about-former-employees
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(2 replies)
They should have made you an executive
Many companies are doing this. They're OK with the attrition. Acceptable losses as far as they're concerned. I suppose it's their right. I hope those that quit over it find better jobs.
Great way to lose talent, not sure you understand the impact that has when you lose higher ranking resources (that aren’t meaningless mid managers)
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(1 replies)
The smirk of a smug asshole.
Oof
But how are their parents going to get them to work? /s
Hey Roblox! Learn what the Dead Sea Effect means for you!
Punchable face
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