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Twitter faces a class action lawsuit over mass employee layoffs with proper

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Re: Twitter faces a class action lawsuit over mass employee layoffs with proper

#91
post #63

Honestly, what? Every job I have had in IT/programming/universities/heavy industry have been "at will". We can fire you at any time for any reason. Is silicon valley not like this? What is this "advanced notice"?? No, really, I am not taking sides, but is this how it works at some places? I have been working for several decades, I have _never_ heard of this.

California has 60 days. Most European countries have more

New York as well

Re: Twitter faces a class action lawsuit over mass employee layoffs with proper

#92
post #11

The in-office requirement seems like clearly constructive dismissal given this: "2-day a week office requirement = 20% voluntary departures" "Day-0...sharpen your blades boys!" https://fortune.com/2022/10/06/elon-musk-jason-calacanis-ret... An office requirement because you think it helps the culture is one thing; an office requirement simply because you know the attrition it will cause so you "sharpen your blades"/s…

I don't think that's how constructive dismissal works (I am a former lawyer, but not an employment law specialist). I believe it is based on objective factors, not subjective intent or awareness of the likely outcome. If an employer says "you have to come back into the office 2x weekly" that is different from "you have to commute to our new office, located 60 miles away". The latter would be constructive dismissal be…

> But asking employees to resume doing something that they were willing to do when they first joined the company (assuming they joined pre-pandemic) would be difficult to characterize as constructive dismissal.

They encouraged people to move far away from the office, where ever they wanted, and then are doing this explicitly for the attrition side-effect, not because they need the people in the office.

Re: Twitter faces a class action lawsuit over mass employee layoffs with proper

#94
post #86
post #2

> Additional plaintiffs, Justine De Caires, Jessica Pan, and Grae Kindel said they were terminated on November 3 by being locked out of their accounts. > Under Twitter’s takeover deal terms, Musk had agreed to keep employee compensation and benefits the same. That means the laid-off employees should receive 60 days of salary and the cash value of the stock they were to receive within three months of their last date a…

It is an interesting case. In France, the case was already judged and having your means of work (example: access to your professional email) cut off before the end of your contract (which include the required advance notice) is considered unlawful firing. The same goes if you are put in the "placard doré", meaning you are not given any work to do. Of course, the laws in France favor the worker a lot more than the U.S…

I mean in France, "at will" employment is illegal at first place.

Re: Twitter faces a class action lawsuit over mass employee layoffs with proper

#95
It's so funny to see this like it's actually serious. There's a reason why whenever you see big layoffs you see that everyone impacted by it is granted severance of a few months pay, etc.

People act like Twitter is the first company to do layoffs. This is super common and has happened to numerous tech companies in the last month. But of course, Space Man Bad.

Re: Twitter faces a class action lawsuit over mass employee layoffs with proper

#96
post #65

Musk is openly antagonistic to any kind of regulation and regulatory bodies. This is all a game to him. Any fines he faces are the price of having fun, to him. It's why whether Twitter succeeds or fails is a moot point. He doesn't actually care about Twitter. It's a toy. It's an RC plane he's flying around, right now, and it's just a matter of time before he intentionally aims it into the ground to see how big of an…

wouldn't that damage his reputation as a credible CEO? Not sure if a billionaire would care, but still, he holds the office of the CEO in a few companies.

Re: Twitter faces a class action lawsuit over mass employee layoffs with proper

#97

Honestly, what? Every job I have had in IT/programming/universities/heavy industry have been "at will". We can fire you at any time for any reason. Is silicon valley not like this? What is this "advanced notice"?? No, really, I am not taking sides, but is this how it works at some places? I have been working for several decades, I have _never_ heard of this.

California is at-will. And it still requires 60 days notice for a mass-layoff, thorough a separate act, because it's a special case that's covered by a separate law. > “an employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order” https://www.dir.ca.gov/dlse/Cal-WARNAct.html

Without sounding dumb, this is saying that a company has to tell you 60 days ahead of time that in 60 days they will fire you?

edit: Thank you for the clarification, appreciate the added insights.

Re: Twitter faces a class action lawsuit over mass employee layoffs with proper

#98
post #3
post #2

> Additional plaintiffs, Justine De Caires, Jessica Pan, and Grae Kindel said they were terminated on November 3 by being locked out of their accounts. > Under Twitter’s takeover deal terms, Musk had agreed to keep employee compensation and benefits the same. That means the laid-off employees should receive 60 days of salary and the cash value of the stock they were to receive within three months of their last date a…

Like someone was in a rush to be lead plaintiff, or the representing law firm.

I am pretty sure law firms were on full alert and actively competing for possible plaintiffs from the moment Musk first time walked through door.

Re: Twitter faces a class action lawsuit over mass employee layoffs with proper

#99
post #21

Lots of people saying "Why is this lawsuit needed? Musk / Twitter HR would obviously comply with the law". Bear in mind that Musk has a history of not complying with legal obligations unless forced to (e.g. honoring the agreement to purchase Twitter).

> "Musk has a history of not complying with legal obligations unless forced to..." In that case, Musk sounds very much like every government, business, politician, friend, family member and neighbor I've ever known. In other words, that's how the world generally works.

Such cynical views of mankind should not be tolerated in the tech industry.

Re: Twitter faces a class action lawsuit over mass employee layoffs with proper

#100
post #65

Musk is openly antagonistic to any kind of regulation and regulatory bodies. This is all a game to him. Any fines he faces are the price of having fun, to him. It's why whether Twitter succeeds or fails is a moot point. He doesn't actually care about Twitter. It's a toy. It's an RC plane he's flying around, right now, and it's just a matter of time before he intentionally aims it into the ground to see how big of an…

wouldn't that damage his reputation as a credible CEO? Not sure if a billionaire would care, but still, he holds the office of the CEO in a few companies.

Why do you need credibility when you own the company? This isn't a public trading company where share holders can vote you out.
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