4 ms·

Aren't employees protected from this kind of crap in the US? In the UK, when a business is acquired, the employees must be offered work on the same terms as bef

Aren't employees protected from this kind of crap in the US? In the UK, when a business is acquired, the employees must be offered work on the same terms as before. So in this case, if his prior contract did not have the objectionable clause, the new employer may not add it.

dp1234 15y ago
Most US workers are considered at-will employees. There is no contract and either party can stop working with the other for almost any reason.
- dorianj 15y ago
  He mentioned he was in Texas, so this is indeed the case.
jmaygarden 15y ago
I happen to like the fact that the US does not work that way in most cases. Isn't it a bit humorous that UK laws so contort the employment relationship that an unwanted employee has to "be made redundant?"
- tomgallard 15y ago
  No. People can be sacked for not doing their job in the UK, but if they've been employed for a certain length of time it is harder than in the US. But then again, employees can also legally expect to receive a decent amount of holiday, and a number of other rights not accorded to those in the US. And I think the state needs to stand up for employees, because (especially non-unionized) employees in most professions are never going to have the bargaining power to make it a fair relationship. (I say this as an employer not an employee)
  - Shenglong 15y ago
    Don't you think that's changing quickly in the tech industry? Can you imagine one of your key developers leaving? Employees should earn their bargaining power by virtue of their merit, not because of inefficient unions or state-action.
    - tomgallard 15y ago
      Absolutely- in the case of the tech industry you're right. But we have to remember that not every other industry works the same as ours. Imagine an average mother working at the tills at Walmart. Is she ever going to be good enough at that job that she is going to earn 'bargaining power' by virtue of her merit? No. Some jobs can be done without a huge amount of training, talent or skill. It is in the company's interest to push down pay and working conditions as much as possible (as the employee is easily replaceable). Therefore it is the state's job to set minimum standards.
  - goatforce5 15y ago
    "No. People can be sacked for not doing their job in the UK, but if they've been employed for a certain length of time it is harder than in the US." Even then there are protections about sacking too many people at once. ie, you can't redefine an entire department's responsibilities and then sack them for not doing their new unrealistic job roles. Once you meet a certain threshold of layoffs everyone has to go through the redundancy process of getting a pay-out, being offered services to find a new job, etc., etc. (IANAL, IIRC, etc.)
- alextingle 15y ago
  Isn't "unwanted" exactly the same thing as "redundant" in this case? The employment relationship (in the UK, at any rate) is a contractual arrangement between two parties. One side of that agreement can't opt out of their legal obligations by playing corporate musical chairs.

dp1234 15y ago

Most US workers are considered at-will employees. There is no contract and either party can stop working with the other for almost any reason.

dorianj 15y ago
He mentioned he was in Texas, so this is indeed the case.

jmaygarden 15y ago

I happen to like the fact that the US does not work that way in most cases. Isn't it a bit humorous that UK laws so contort the employment relationship that an unwanted employee has to "be made redundant?"

tomgallard 15y ago
No. People can be sacked for not doing their job in the UK, but if they've been employed for a certain length of time it is harder than in the US. But then again, employees can also legally expect to receive a decent amount of holiday, and a number of other rights not accorded to those in the US. And I think the state needs to stand up for employees, because (especially non-unionized) employees in most professions are never going to have the bargaining power to make it a fair relationship. (I say this as an employer not an employee)
- Shenglong 15y ago
  Don't you think that's changing quickly in the tech industry? Can you imagine one of your key developers leaving? Employees should earn their bargaining power by virtue of their merit, not because of inefficient unions or state-action.
  - tomgallard 15y ago
    Absolutely- in the case of the tech industry you're right. But we have to remember that not every other industry works the same as ours. Imagine an average mother working at the tills at Walmart. Is she ever going to be good enough at that job that she is going to earn 'bargaining power' by virtue of her merit? No. Some jobs can be done without a huge amount of training, talent or skill. It is in the company's interest to push down pay and working conditions as much as possible (as the employee is easily replaceable). Therefore it is the state's job to set minimum standards.
- goatforce5 15y ago
  "No. People can be sacked for not doing their job in the UK, but if they've been employed for a certain length of time it is harder than in the US." Even then there are protections about sacking too many people at once. ie, you can't redefine an entire department's responsibilities and then sack them for not doing their new unrealistic job roles. Once you meet a certain threshold of layoffs everyone has to go through the redundancy process of getting a pay-out, being offered services to find a new job, etc., etc. (IANAL, IIRC, etc.)
alextingle 15y ago
Isn't "unwanted" exactly the same thing as "redundant" in this case? The employment relationship (in the UK, at any rate) is a contractual arrangement between two parties. One side of that agreement can't opt out of their legal obligations by playing corporate musical chairs.