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I am a lawyer... Constructive dismissal as a legal concept is relevant for purposes of determining whether the employee voluntary separated (i.e., quit) or was
by gamblor956 4y ago
I am a lawyer...
Constructive dismissal as a legal concept is relevant for purposes of determining whether the employee voluntary separated (i.e., quit) or was terminated by the company. This then determines the legal rights/obligations of the parties, including for example eligibility for unemployment, severance, etc.
Constructive dismissal is treated as a termination, meaning involuntary on the employee's behalf. Whether the constructive dismissal is legal depends on whether a termination in the same circumstances would be legal. Terminations are generally legal, so constructive dismissals are generally legal...
I agree that in this case the Twitter WFO policy is constructive dismissal. And elsewhere I have said this would fall under the WARN Act because it's clearly part of the mass terminations already announced early this week.
- microtherion 4y agoAh, I see the error of my ways now. The post to which I was responding was indeed correct and this is not, per se, an illegal tactic if the worker did not belong to an otherwise protected class. Twitter just owes them the same legal benefits as if they had been laid off. I stand corrected; thanks for setting me straight.