• 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.

    • Furedadmins@lemmy.world
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      1 year ago

      Constructive dismissal only applies when it is used to terminate someone who is otherwise protected, for example a whistleblower. Companies can change work location requirements more or less at will.

      • SatanicNotMessianic@lemmy.ml
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        1 year ago

        Constructive dismissal was advised as a suit by an employment lawyer representing Twitter employees in California in a published article when Musk ordered employees whose employment offers specified work from home needed to work in the office. It’s a hostile change to the work environment that is alleged to encourage employees to quit, as indicated by the messages saying that people who do not return to office will be considered to have quit.

        I mean, you’re not necessarily wrong, and I’m sure Elon hopes you’re right. But we will have to see how it plays out. The fun part is that CA law specifies that some types of employee cases have to be tried individually rather than collectively.