4 ms·

Every job I've ever had (in the US) has been an at-will contract, meaning both I and the employer could end it at any time for any reason. This seems to be the

by yosito 4y ago

Every job I've ever had (in the US) has been an at-will contract, meaning both I and the employer could end it at any time for any reason. This seems to be the norm in the US. So if a company decides they want me to come to the office, and I refuse, either one of us can end the agreement over that. This has always been the case. For me, in the interview process, I make it clear that I am a remote only employee and if the company ever wants me in the office, we'll have to part ways. Edit: European countries tend to have more legal protection against companies being able to fire workers at will. I wonder if this is why so many of my European friends that have corporate jobs seem to have a hard time convincing their employers to let them work remotely.

toomuchtodo 4y ago
Not legal advice. n=1 A colleague (infosec engineer) took a remote job. I told them to bake into the offer letter it was fully remote. Employer agreed after strongly pushing back, desperate for talent. Employer told them it was no longer remote. Employment attorney called their counsel by way of HR regarding the change in employment terms and constructive dismissal. Role remained remote. Financial services employer. Get it in writing, trust no one’s word, companies are not your friend. https://en.wikipedia.org/wiki/Constructive_dismissal https://en.wikipedia.org/wiki/Constructive_dismissal
- OkayPhysicist 4y ago
  It would definitely be constructive dismissal, but in most circumstances constructive dismissal is only illegal if being fired normally would be.
  - deleted 4y ago
    [deleted]
- yosito 4y ago
  I have a feeling this wouldn't work if it were an at-will contract. But I'd also never agree to a job if the employer was hesitant about being remote.
  - kcplate 4y ago
    It wouldn’t. To me most arbitrator’s would look at a change from remote to in office in a similar vein to “the office moved across town”. Pre-pandemic, no one would question whether a company had the right to change the physical location of the office, and you would either adjust to the new office location…or quit because the new commute or location became problematic for you. Your location was here, and now it’s here.
    - toomuchtodo 4y ago
      The role in question I mentioned above is an at will W2 role.

by yosito 4y ago

toomuchtodo 4y ago

Not legal advice. n=1 A colleague (infosec engineer) took a remote job. I told them to bake into the offer letter it was fully remote. Employer agreed after strongly pushing back, desperate for talent. Employer told them it was no longer remote. Employment attorney called their counsel by way of HR regarding the change in employment terms and constructive dismissal. Role remained remote. Financial services employer. Get it in writing, trust no one’s word, companies are not your friend. https://en.wikipedia.org/wiki/Constructive_dismissal https://en.wikipedia.org/wiki/Constructive_dismissal

OkayPhysicist 4y ago
It would definitely be constructive dismissal, but in most circumstances constructive dismissal is only illegal if being fired normally would be.
- deleted 4y ago
  [deleted]
yosito 4y ago
I have a feeling this wouldn't work if it were an at-will contract. But I'd also never agree to a job if the employer was hesitant about being remote.
- kcplate 4y ago
  It wouldn’t. To me most arbitrator’s would look at a change from remote to in office in a similar vein to “the office moved across town”. Pre-pandemic, no one would question whether a company had the right to change the physical location of the office, and you would either adjust to the new office location…or quit because the new commute or location became problematic for you. Your location was here, and now it’s here.
  - toomuchtodo 4y ago
    The role in question I mentioned above is an at will W2 role.