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mmm organizing to challenge return to office policies, the NLRB says this suggests a theoretical way to override at-will employment by saying you were organizi
by yieldcrv 3y ago
mmm organizing to challenge return to office policies, the NLRB says
this suggests a theoretical way to override at-will employment by saying you were organizing in some way?
- Afforess 3y agoYes, if it’s in good faith and you can prove it. The way this was phrased implies bad faith. Courts care very much about intent.
- deleted 3y ago[deleted]
- bugglebeetle 3y agoYou can’t fire people for organizing their workplaces. This has been established law for 80 years.
- financypants 3y agoBut can’t employers say there was “no reason” for firing someone organizing? Does participating in that provide short term job protection?
- ClumsyPilot 3y agoThey can say the moon is made of cheese, but what's the court going to believe? The court decides what is more plausuble
- bugglebeetle 3y agoWell, that and the NLRB.
- Zigurd 3y agoYou just gave an example of the "cleverness trap" to which the tech industry is especially susceptible. Good laws are written to avoid what could be called legal "hacks." If it looks like workers coordinating, it is. If it looks like they got fired for it, that's illegal.
- dragonwriter 3y agoWell, its not really theoretical that "at-will" employment means that termination is allowed by default (good cause is not required), but there are still prohibited "bad causes" (race, sex, labor organizing, etc.) Of course, the burden is on the complaining party to show the bad cause, its not simply a matter of assertion.
- jagged-chisel 3y agoI tend to phrase it: They can fire you for no reason. But if they give a reason, it best be a legal one. Of course, they can fire you for "no reason" when there's evidence there was a non-legal reason, and still be held accountable for an improper dismissal.
- happytoexplain 3y agoWell, lying is frowned upon, legally.