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One think I've always wondered about RTO measures is, can they force you to choose bewteen RTO or resign? Or to they have to fire you (and with that entitle you
by lopis 3y ago
One think I've always wondered about RTO measures is, can they force you to choose bewteen RTO or resign? Or to they have to fire you (and with that entitle you to whatever compensation you deserve)?
- bob67 3y agoHow do you force someone to resign?
- lebean 3y ago[dead]
- lopis 3y agoThat's what I'm asking?
- bluefirebrand 3y agoIt's referred to as Constructive Dismissal. It's basically the idea that you're being subjected to something outside of your contract that has made it impossible (in your view) to keep working for the company, and the company is not willing to accomodate you. Refusing to go to office when your contract says you are a remote employee is a textbook case of constructive dismissal. "You are placing a requirement on me that I find impossible to satisfy and you are not willing to negotiate. Therefore I am forced to resign"
- ITB 3y agoEither they start coming to the office or their employment will be terminated. It’s not a resignation.
- djtango 3y agoI heard that in Japan they will almost never fire someone, for various reasons. So when it's time to go there are stories of peoples desk being moved to the cupboard for example.
- taftster 3y agoOr the added requirement to file additional TPM reports, possibly.
- BetaDeltaAlpha 3y agoAre people entitled to severance in the USA? I thought severance packages generally come with some considerations about indemnifying the company and such. Its a deal, not an entitlement. Forcing an employee to resign is a "Constructive Dismissal" and there's plenty of case law around it.
- ITB 3y agoNo. There’s mandatory unemployment insurance/tax companies pay that will float employees terminated without cause for a little time, depending on the state. But it’s not high. Large companies tend to give decent exit packages though.
- bluefirebrand 3y agoDepends entirely on you local labour laws and the contract you have signed with the company. If your local labour laws require compensation in cases of Constructive Dismissal, then you are entitled to some kind of severance package. If not, then it's possible your employment contract will have a clause for "in case of constructive dismissal we will pay X weeks based on employment length" or something. Maybe not likely, but certainly possible.
- junofan 3y agoIn the US it’s called constructive discharge. Good luck convincing a judge that asking a $400k/yr employee to show up to the office is so unreasonable that you were forced to quit.
- ActorNightly 3y agoThey fire you, with a very valid reason of not being in the office, which from a legal perspective is very hard to argue against on the employee side.
- dolni 3y agoIs it very valid if they hired you as a remote employee to start with?
- FireBeyond 3y agoAt least in Washington state, that's a maybe. RCW 50.20.050 (https://app.leg.wa.gov/rcw/default.aspx?cite=50.20.050 https://app.leg.wa.gov/rcw/default.aspx?cite=50.20.050) says you can even quit and get unemployment if among several other items: > (vii) The claimant's worksite changed, such change caused a material increase in distance or difficulty of travel, and, after the change, the commute was greater than is customary for workers in the claimant's job classification and labor market;