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The employer must be able to document that the termination is due to cooperation difficulties. Google didn't provide any such documentation. Hence terminating D

The employer must be able to document that the termination is due to cooperation difficulties. Google didn't provide any such documentation. Hence terminating Damore for the manifesto would have been illegal in Denmark. That's the point -- Damore's dismissal was so obviously unfair that it wouldn't have been allowed in any Western European country.

mseebach 9y ago
That's just a detail. Google didn't hire or fire Damore in Denmark, so obviously they didn't bother to follow Danish law. My point is that Google could most likely fairly easily have argued that the memo caused insurmountable cooperation difficulties and terminated him on that basis. The exact steps, the time taken and the phrasing of the arguments would have been different, but the substance (he got fired for the memo) would have been the same.
- bjourne 9y ago
  You are wrong. Read the link here: https://gettingthedealthrough.com/area/18/jurisdiction/52/labour-employment-denmark/#link-35 https://gettingthedealthrough.com/area/18/jurisdiction/52/la... "Similarly, ‘conduct of the employee’ means that dismissals based on sickness absence, underperformance, etc, will usually be considered reasonably justified. In most cases, however, it will be a requirement that one or more written warnings have been given before the dismissal to allow the employee to remedy the situation and thus avoid dismissal." Google didn't issue one or more written warnings. The dismissal would therefore have been judged unjustified.
  - mseebach 9y ago
    No, they didn't issue warnings because they didn't have to. If they did have to, they would have issued a warning, then found that no action he might take could have remedied the situation (the things in the memo that were considered harassment can't meaningfully be taken back), and then he would have been fired.

mseebach 9y ago

That's just a detail. Google didn't hire or fire Damore in Denmark, so obviously they didn't bother to follow Danish law. My point is that Google could most likely fairly easily have argued that the memo caused insurmountable cooperation difficulties and terminated him on that basis. The exact steps, the time taken and the phrasing of the arguments would have been different, but the substance (he got fired for the memo) would have been the same.

bjourne 9y ago
You are wrong. Read the link here: https://gettingthedealthrough.com/area/18/jurisdiction/52/labour-employment-denmark/#link-35 https://gettingthedealthrough.com/area/18/jurisdiction/52/la... "Similarly, ‘conduct of the employee’ means that dismissals based on sickness absence, underperformance, etc, will usually be considered reasonably justified. In most cases, however, it will be a requirement that one or more written warnings have been given before the dismissal to allow the employee to remedy the situation and thus avoid dismissal." Google didn't issue one or more written warnings. The dismissal would therefore have been judged unjustified.
- mseebach 9y ago
  No, they didn't issue warnings because they didn't have to. If they did have to, they would have issued a warning, then found that no action he might take could have remedied the situation (the things in the memo that were considered harassment can't meaningfully be taken back), and then he would have been fired.