• SatanicNotMessianic@lemmy.ml
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      1 year ago

      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.

    • eskimofry@lemmy.world
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      1 year ago

      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.

  • WoahWoah@lemmy.world
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    1 year ago

    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.

    • InternetUser2012@midwest.social
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      1 year ago

      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.

      • BradleyUffner@lemmy.world
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        1 year ago

        Companies seem to be afraid of getting sued by the previous employee over it. I’m not sure what the claim would be though… Maybe defamation?

        • WoahWoah@lemmy.world
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          1 year ago

          Defamation/slander/libel kind of thing with damages estimated based on anticipated earning potential over the course of time you might have been employed by the job they inhibited you from getting. That means that HR or whoever is called for the reference needs to be 100% accurate and provably correct about every single thing they say about the former employee.

          From a risk management viewpoint for the company there is basically no gain whatsoever for preventing an employee getting another job, it requires flawless execution, often from random people in HR, and the potential downside is the above, which could be million(s)-dollar damages.

          Basically: a bad referral is very high risk, minimal/no upside, and tremendous downside. HR simply reports demonstrable facts (whether employed at the company, from when to when), none of which is subject to interpretation.

          If you’ve REALLY pissed someone off in HR and they want to give you a bad reference, the most they might do is state yes they worked here from X to Y and ask the potential employer if they have other applicants, but even that is just pointless risk from the standpoint of the company.

  • NBJack@reddthat.com
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    1 year ago

    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.

  • Iwasondigg@lemmy.one
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    1 year ago

    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.