2 ms·
I am not a lawyer, but this seems fairly clear cut to me. IMO if you are/were (statistically I think the latter is more likely at this point?), you should talk
by olliej 4y ago
I am not a lawyer, but this seems fairly clear cut to me. IMO if you are/were (statistically I think the latter is more likely at this point?), you should talk to an employment attorney - I'm sure that there are sufficient folk, with sufficient income, to make a class action worthwhile for an actually good firm. Anyway, onwards to internet lawyering!
Musk has a track record of violating employment law, and this is another case of exactly that. Previously he violated mass layout notification laws against employees of Tesla, and also forced people to "sign away their rights", without informing them of those rights. That has been ruled unlawful already, and the "signing away their rights" step was found to be void.
Similarly, you cannot drastically change working conditions, and then say you're giving people the option to "resign". If such was possible, it would create a trivially obvious loophole around employment law, and as such there a term for it: "constructive dismissal", and it is not considered any different from firing someone.
If you change the employment terms for all your employees, but say that they can resign instead, that doesn't magically mean you get to skip notification requirements. So just like last weeks mass causeless dismissal, this is also a violation of CA's WARN act, and similar legislation in every other state and country that twitter operates in.
This is before we get to straight up breach of contract: afaict the majority of twitter employees who currently work remotely have contractual agreements guaranteeing remote work. Twitter saying "you must now work from the office", is a breach of that agreement. Note that even if your contract itself does not say that, if you have official communication from the company that is sufficient, and apparently pre acquisition the company told all employees that they were guaranteed remote work for at least 12 months post-acquisition.