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Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by baldfat on Friday December 14, 2018 @07:46AM (#18680411)
> at-will employment laws

I just don't get how we just can't over turn them politically state by state in State Elections. How is this not a thing? I live in an At Will State (PA) and it pretty much sucks to have the knowledge I can be fired for any reason and sure I still can sue but I can still lose even though I am 100% in the right.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by pjc50 on Friday December 14, 2018 @07:50AM (#18680438)
There's going to be a lot of money thrown at propaganda to convince voters that requiring employers to treat employees fairly will reduce jobs. And as soon as anyone mentions unions, it's all over. Every (right-of-centre) American knows that they're the only hardworking person in the country and the entire rest of the workforce is lazy good-for-nothings who need the constant threat of firing to achieve anything. /s
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by svantana on Friday December 14, 2018 @08:12AM (#18680549)
> as soon as anyone mentions unions, it's all over

Isn't there a technical solution to this? Something like an outwardly anonymous social network with "proof" of employment from LinkedIn, where you can pledge to unionize once participation reaches critical mass for your workplace. Yes laws are better, but this could be a decent workaround.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by pjc50 on Friday December 14, 2018 @08:20AM (#18680588)
Too easy to infiltrate, too difficult to enforce participation internally. And you've got to advertise it somehow to the workforce.

I don't think it's achievable without outside help and political organisation.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by TomMarius on Friday December 14, 2018 @08:27AM (#18680618)
What is not achievable? We're talking about collective bargaining, how is that not achievable without outside help and involving the government? People got it working just fine 100 years ago... Of course back then laws were not favoring corporations that much (in my country where it worked then, not the USA).
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by pjc50 on Friday December 14, 2018 @08:32AM (#18680645)
Getting collective bargaining started requires assembling the collective - this is a lot harder to do if the employer can just fire anyone seen organising.

Traditionally bootstrapping into a situation where union organising could happen safely and peacefully required a period of violence on the picket lines. There used to be quite a lot of this in America: https://en.wikipedia.org/wiki/History_of_union_busting_in_th...

These days it's even harder in some ways; the more "virtual" an organisation is, the easier it is for the company to just disband and restart it and the harder it is to picket. It's not clear if the various strikes against Uber by its workers have achieved anything.

(someone is downvoting you, but it's not me!)

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by TomMarius on Friday December 14, 2018 @08:25AM (#18680608)
Why would laws be better? I absolutely don't see how any law could be better than something the people did themselves. Comparable - maybe, but a law is usually way more expensive in the long run and not exactly flexible - and if you were from eastern European state you would know how unions work here (they mostly don't).
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by pjc50 on Friday December 14, 2018 @08:29AM (#18680628)
Generally in order for unions to exist at all they need a certain amount of protection from reprisals; union organising needs to be a protected activity.

Surely the big Eastern European union success story was Solidarity? Although I can understand how unions would struggle to operate in the post-communist era.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by TomMarius on Friday December 14, 2018 @10:05AM (#18681247)
> Generally in order for unions to exist at all they need a certain amount of protection from reprisals; union organising needs to be a protected activity.

Could you please explain why, in the age of e-mail and Facebook? People in my country have zero problem organising political events on Facebook, attracting several tens of thousands of visitors to their demonstrations.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by pjc50 on Friday December 14, 2018 @10:11AM (#18681287)
If you're organising a union on Facebook, and you're under American-style at-will employment, and it wasn't banned under https://en.wikipedia.org/wiki/Protected_concerted_activity , then the employer would simply immediately fire whichever people were seen to be the ringleaders.
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by TomMarius on Friday December 14, 2018 @10:42AM (#18681564)
Good point. Thank you!
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by dragonwriter on Friday December 14, 2018 @04:11PM (#18684811)
> Generally in order for unions to exist at all they need a certain amount of protection from reprisals;

This reverses cause and effect: in order for unions to receive any legal protection, they have to exist and fight for it (many members paying very high prices.) The unions precede the legal protection, not the other way around.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by baldfat on Friday December 14, 2018 @08:30AM (#18680632)
> And as soon as anyone mentions unions

Can we make it mandatory for everyone that is anti-Union to have to report to work on Labor Day and also they need to work the previous Saturday since it was normally a six day work week before Unions?

I still don't understand American working force's love affair with the filthy rich individuals and corporations. I am constantly told, "This is just how economy works" from my Father-In-law and other "conservatives."

When I mention that we as the working class are getting less and less of the GDP pie and more is going to the corporations and rich. The feeling is this has always been that way. I immediately say "I'm talking percentage" and sadly the average American is stuck at a 4th grade math level and I guess 4th grade doesn't cover the meaning of percentages.

The filthy rich's best warriors are conservative leaning voters right now and I have no idea how that will ever change.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by TheOtherHobbes on Friday December 14, 2018 @09:57AM (#18681204)
Don't forget that the filthy rich waged literal wars using hired thugs armed with guns against unions and their leaders around the turn of the century.

There's precious little mention of this in history lessons.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by baldfat on Friday December 14, 2018 @11:43AM (#18682151)
Local story for me on how bad the Labor Unions fight was with Police doing the bidding of the companies in 1910.

Bethlehem Steel had a strike, 9,000 workers complaining about the 12 hour work days and the unsafe work conditions. A policeman shot and killed union striker Joseph Szambo while he was drinking a beer and his wife gave birth to their child a few hours later. This caused Congress to get involved and to actually make Bethlehem Steel change their practices and the Labor Union won. http://bethlehem.thelehighvalleypress.com/2012/09/12/bethleh...

Now fast forward to the 1980s and Bethlehem Steel wasted millions in tax dollars on building a huge corporate office and didn't redo their old steel works and had to go out of business. People like to blame the Union but it was Corporate waste of resources that was the demise of the company. https://www.mcall.com/opinion/white/mc-bw-bethlehem-steel-pl...

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by chrisseaton on Friday December 14, 2018 @08:37AM (#18680677)
> I just don't get how we just can't over turn them politically state by state in State Elections. How is this not a thing?

Do most people want to overturn them? I think you're assuming that start state and it's perhaps not the case.

> I can be fired for any reason

And you can also leave for any reason. It's symmetrical. You don't have this right in some countries - I'd be careful about volunteering to give it up.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by krapp on Friday December 14, 2018 @09:19AM (#18680941)
>And you can also leave for any reason. It's symmetrical. You don't have this right in some countries - I'd be careful about volunteering to give it up.

That's not symmetrical, or if it is, it's symmetrical in the same way as "heads I win, tails you lose." Being fired and quitting both place the entirety of the risk of unemployment on the employee, there is no counterbalance of power or risk on the part of the employer.

If health insurance wasn't tied to employment in the US, or if there were something like UBI, then the dynamics of at-will employment might be at least more symmetrical.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by chrisseaton on Friday December 14, 2018 @09:21AM (#18680962)
> there is no counterbalance of power or risk on the part of the employer

If there is no power or risk on the part of the employer then why do some countries have a law requiring that you give the employer a notice period? It's to reduce their risk.

In my country can sued for their damages if you leave without a notice period - real damages such as having to hire more expensive temporary staff to do your job until they can find someone else permanent. That's their risk.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by krapp on Friday December 14, 2018 @09:54AM (#18681185)
Fair enough, some risk exists, and how much probably depends on the position ... although in my country as far as I'm aware, there is no requirement to give notice (it's just a courtesy) and, of course, no such requirement exists on the part of employers.

In the linked article, it's mentioned that Elon felt a constant need to fire people that he sometimes had to be talked down from, so if the employer risk exists, it doesn't seem to be particularly high in most cases. If the risk for employers was significant, then at-will employment laws wouldn't even exist, because the entire purpose of such laws is to make it arbitrarily easy to fire employees.

The only way at-will employment could truly be symmetrical is if I could walk into work and literally fire any of my managers or the CEO with the same ease with which they could fire me.

But of course, actually applying the power dynamic of at-will employment both ways would just be insane wouldn't it?

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by adwn on Friday December 14, 2018 @08:52AM (#18680764)
> And you can also leave for any reason. It's symmetrical. You don't have this right in some countries - I'd be careful about volunteering to give it up.

False dilemma [1]. There's no reason to assume that by giving up at-will employment, you'll also lose the right to resign for any reason. In fact, there are lots of countries where you can resign for any reason, but can't be fired for every reason.

[1] https://en.wikipedia.org/wiki/False_dilemma

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by chrisseaton on Friday December 14, 2018 @08:55AM (#18680773)
The person I was replying to said 'at-will employment laws ... I just don't get how we just can't over turn them.' The law is both parts of it. You probably wouldn't want to overturn the law, because you'd overturn your protection as well.
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by kamarg on Friday December 14, 2018 @11:28AM (#18681992)
At least in the states near me that have tried (unsuccessfully ) to pass at will laws, no part of the law that I saw would have taken away employees rights to resign at anytime they wanted for any reason. Is this actually part of at will laws else where?
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by ceejayoz on Friday December 14, 2018 @09:52AM (#18681164)
We had the right to leave a job long before at-will employment laws were in vogue.
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by bbddg on Friday December 14, 2018 @09:21AM (#18680956)
You really think the relationship between a boss and an employee is symmetrical?
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by chrisseaton on Friday December 14, 2018 @09:23AM (#18680969)
> You really think the relationship between a boss and an employee is symmetrical?

I did not say that. You've either mis-read what I said or you're wilfully misunderstanding.

I said that the law is symmetrical. I didn't say the relationship was. I also didn't say that the risk was.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by HeyLaughingBoy on Friday December 14, 2018 @12:19PM (#18682523)
Well, you can also quit for any reason, at any time. Sure, I know that in most cases the employer has more power than the employee, but what's the reasonable alternative?

If I run a business and I can't afford you, then I have to continue employing you to the detriment of the rest of the business? One of the guys who reports to me just turned in his 2 weeks notice completely out of the blue. It puts me in a bind because we have more work than people to do it, but I don't harbor any ill will towards him.

I can understand your concern (somewhat), but at the same time, being an at will employee simply isn't something that's even on my radar.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by mdekkers on Friday December 14, 2018 @11:35PM (#18687049)
If I run a business and I can't afford you, then I have to continue employing you to the detriment of the rest of the business?

I frequently hear this being trotted out as the reason why at-will employment is a good thing. This is, however, not the reality. You can fire employees for many reasons: Poor performance, breaking the rules, and - yes - lack of money.

What you cannot do is fire people on the spot for any random reason. You can fire people, but you have to follow a process that is designed to protect both the employer and the employee.

I have had to fire people in my employ a few times, and every time I was annoyed at the length and complication of the process I had to follow. I never once thought that at-will employment was a good alternative. As an employer, I strongly believe that the practice is barbaric and uncivilized.

Well, you can also quit for any reason, at any time

And...? If your business is structured in such a way that this situation would pose an existential threat to your business, you have failed as a business manager. If this situation doesn't pose an existential threat to your business, it is just an annoyance - sucks to be you, I guess. As a reward for the risks and hardships of being a company owner, you get to take home your profits.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by HeyLaughingBoy on Saturday December 15, 2018 @05:43PM (#18690775)
I'm trying to understand how in this and my other comment I am failing to communicate as you seem to be reading the exact opposite of what I'm saying.

First, in an at-will state in the US, except for those cases relating to protected classes, you can indeed legally let any employee go for any random reason you desire. Any "complications" involved have been added by your company, in an attempt to protect them from employee lawsuits.

Let me just cut to the chase and say this as simply as I can. I think at-will employment is a good thing. As an employee I like knowing I can simply decide to quit on a whim and I see no reason an employer shouldn't have the same freedom.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by dkersten on Sunday December 16, 2018 @09:13AM (#18693100)
I live in a country that does not have at-will employment. I can quit at any time with one months notice (or, at the employers discretion, less). A person can be fired for the reasons mdekkers mentioned (bad behaviour, bad performance, lack of money) but there is a procedure to go through (eg for bad performance, you must give warnings first). It works well for employees, who don’t have to worry about the possibility of an asshole manager going on a firing rampage (as the article states happens in Tesla) and it works well for employers because they can fire when necessary, they just cannot legally abuse it.

> I see no reason an employer shouldn’t have the same freedom

Because its not an equal relationship. Unless the company is very, very small or badly managed, losing an employee or two is much less of a deal for employers than losing their jobs is for the average employee. If the employer really wants rid of the employee for a legitimate reason, they can do so, they just have to jump through a few hoops. If they want to get rid of the person just because, then no, they can’t do that and in my opinion shouldn’t be allowed to either. It encourages an abusive or unfair work environment (work longer/harder/more dangerously or I’ll fire you! for example).

For the average person, losing their job is devistating. For the average company, losing an employee barely registers. Remember, that most employees don’t have the same flexibility and job availability that most of us on HN do, yet the laws still apply the same.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by m_mueller on Friday December 14, 2018 @12:40PM (#18682710)
The alternative is something like 3 months notice guaranteed by law after 3 months of employment. This benefits both parties as it’s very problematic to loose employees on projects without any warning.
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by HeyLaughingBoy on Friday December 14, 2018 @01:21PM (#18683100)
Sure, but my point is that as an employee I like knowing I can leave at any time I want. I consider having that freedom a reasonable price to pay for my employer being able to let me go at any time they want.
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by mdekkers on Friday December 14, 2018 @11:37PM (#18687062)
my point is that as an employee I like knowing I can leave at any time I want

What gives you the idea that you cannot leave anytime you want as an employee?

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by HeyLaughingBoy on Saturday December 15, 2018 @05:36PM (#18690748)
Whut? Look at what you quoted: I said exactly that I can!
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by nickik on Friday December 14, 2018 @01:10PM (#18683002)
If you dont want people to walk out that fast put it in the contract. But you will have to pay more.
Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by vonmoltke on Friday December 14, 2018 @12:32PM (#18682645)
> I can be fired for any reason and sure I still can sue but I can still lose even though I am 100% in the right

Yet at the same time companies are extremely paranoid about firing people without a good excuse for fear of getting sued. These two sentiments don't really line up.

Re:Dr. Elon and Mr. Musk: Life Inside Tesla's Production Hell by matz1 on Friday December 14, 2018 @12:14PM (#18682464)
Likewise because its sucks if I can't fire my employee for any reason.