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Software Engineer's Firing Ruled Illegal in a Rare Win for a Tech Worker

nytimes.com

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Re: Software Engineer's Firing Ruled Illegal in a Rare Win for a Tech Worker

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A US administrative labor law judge judge found that software maker Atlassian had illegally fired an engineer after she pushed back against manager layoffs and other policy changes.

> The ruling found that the engineer, Denise Unterwurzacher, had a federally backed right to make such comments because she made them as part of a collective effort to aid or protect co-workers.

> The judge ordered the company to reinstate Ms. Unterwurzacher to her former job or an equivalent position, and to make her whole financially. It is one of the most significant outcomes in years in a case involving the labor rights of a tech worker.

Atlassian said it planned to appeal the ruling, however.

Re: Software Engineer's Firing Ruled Illegal in a Rare Win for a Tech Worker

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post #2

A US administrative labor law judge judge found that software maker Atlassian had illegally fired an engineer after she pushed back against manager layoffs and other policy changes. > The ruling found that the engineer, Denise Unterwurzacher, had a federally backed right to make such comments because she made them as part of a collective effort to aid or protect co-workers. > The judge ordered the company to reinstat…

> Atlassian said it planned to appeal the ruling, however.

I think it'd be cheaper to keep her at this point. I'd tell your lawyer's egos to take a chill pill.

Re: Software Engineer's Firing Ruled Illegal in a Rare Win for a Tech Worker

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post #4

In these cases where they have to rehire someone, does the employee usually stay after? Wouldn't the workplace be kinda hostile now with the manager who fired you?

I don't know about other companies, but I don't really interact with my manager outside of 1 on 1s like once a quarter. Also, it's never his choice to fire someone, it's always from above. I'm sure if he was forced to lay someone off he'd be just as happy as they are to have them back.

Re: Software Engineer's Firing Ruled Illegal in a Rare Win for a Tech Worker

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post #3
post #2

A US administrative labor law judge judge found that software maker Atlassian had illegally fired an engineer after she pushed back against manager layoffs and other policy changes. > The ruling found that the engineer, Denise Unterwurzacher, had a federally backed right to make such comments because she made them as part of a collective effort to aid or protect co-workers. > The judge ordered the company to reinstat…

> Atlassian said it planned to appeal the ruling, however. I think it'd be cheaper to keep her at this point. I'd tell your lawyer's egos to take a chill pill.

I am not a lawyer, but if they don't appeal and win, it will set a precedent that they'd (and other companies) have to pay out on any other employees fired for this reason. That will cost them more in the long run.

Re: Software Engineer's Firing Ruled Illegal in a Rare Win for a Tech Worker

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Earlier quoted context omitted.

> Atlassian said it planned to appeal the ruling, however. I think it'd be cheaper to keep her at this point. I'd tell your lawyer's egos to take a chill pill.

I am not a lawyer, but if they don't appeal and win, it will set a precedent that they'd (and other companies) have to pay out on any other employees fired for this reason. That will cost them more in the long run.

Trial courts can't set precedents. Only appellate courts can.

Re: Software Engineer's Firing Ruled Illegal in a Rare Win for a Tech Worker

#10
post #3
post #2

A US administrative labor law judge judge found that software maker Atlassian had illegally fired an engineer after she pushed back against manager layoffs and other policy changes. > The ruling found that the engineer, Denise Unterwurzacher, had a federally backed right to make such comments because she made them as part of a collective effort to aid or protect co-workers. > The judge ordered the company to reinstat…

> Atlassian said it planned to appeal the ruling, however. I think it'd be cheaper to keep her at this point. I'd tell your lawyer's egos to take a chill pill.

It's not the lawyer's decision, it's the client's
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