Re:Intel accused by workers of prioritizing chip output over...
by gameswithgo on Friday May 08, 2020 @12:30PM
(#23116557)
In Texas you don't need reasons to fire someone.
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Re:Intel accused by workers of prioritizing chip output over...
by wongarsu on Friday May 08, 2020 @12:48PM
(#23116761)
Just because you can fire someone for no reason doesn't mean you can fire someone for any reason.
Or to put it another way: just because you can fire someone by rolling dice doesn't mean you can fire someone for being black.
Re:Intel accused by workers of prioritizing chip output over...
by Filligree on Friday May 08, 2020 @01:00PM
(#23116917)
Nothing stopping you from firing someone for being black, then claiming you rolled a dice, however.
Re:Intel accused by workers of prioritizing chip output over...
by akiselev on Friday May 08, 2020 @01:10PM
(#23117020)
IANAL but I believe juries tend to be biased towards the plaintiff (terminated employee) in wrongful termination suits simply because there are far more low level employees in the jury pool than there are managers, not to mention how expensive it can be to litigate. Hence all the CYA measures like performance improvement plans and so on.
Re:Intel accused by workers of prioritizing chip output over...
by PeterisP on Friday May 08, 2020 @02:20PM
(#23117809)
You can claim that you rolled dice, but that won't be sufficient - the distrimination law explicitly puts the burden of proof on the employer to demonstrate that the firing was because of a non-discriminatory reason, so if it's just the employer asserting that it was because of dice and the employee asserting that it was because of race, then the employer automatically loses unless they have convincing evidence to state their case.
That's part of why you'd often see lots of HR bureaucracy regarding firing process, documenting infractions, performance improvement plans, etc also in states where technically you can be fired without a reason.
Re:Intel accused by workers of prioritizing chip output over...
by LiquidSky on Friday May 08, 2020 @02:02PM
(#23117620)
Attorney here who has handled a number of similar wrongful termination claims here. You can try this, but you better have a lot of good, clear documentation backing up your non-discriminatory reason for the firing which, if you're just making it up as a pretense, you probably don't. And if it's found that you did fire for a discriminatory reason and you attempted to lie about that fact, you're opening yourself to a world of hurt.
Re:Intel accused by workers of prioritizing chip output over...
by sp332 on Friday May 08, 2020 @12:53PM
(#23116831)
If they make the job impossible or dangerous, it might at least count as "constructive termination", so they'd be eligible for unemployment.
Re:Intel accused by workers of prioritizing chip output over...
by snagglegaggle on Friday May 08, 2020 @01:00PM
(#23116902)
True but the list of reasons that allow you to fire someone without paying unemployment is limited.
They're trying to avoid paying out unemployment by saying he failed to show up for a shift but even sans-COVID firing after one absence is abnormal.
Re:Intel accused by workers of prioritizing chip output over...
by justaguy88 on Friday May 08, 2020 @02:29PM
(#23117896)
Why would firing make someone ineligible for unemployment? That seems silly
Re:Intel accused by workers of prioritizing chip output over...
by californical on Friday May 08, 2020 @03:20PM
(#23118402)
Quitting your job makes you ineligible for unemployment -- that's why the company called it their "resignation"
Re:Intel accused by workers of prioritizing chip output over...
by iso1210 on Friday May 08, 2020 @03:44PM
(#23118662)
Why does it matter to the company if you claim unemployment benefits?
Re:Intel accused by workers of prioritizing chip output over...
by phonon on Friday May 08, 2020 @04:13PM
(#23118931)
Unemployment taxes for a company scale based on historical claims from that company. More Unemployment Benefits paid out = more future UI taxes paid by that employer. It's meant to be a self-funding system.
Re:Intel accused by workers of prioritizing chip output over...
by ivalm on Friday May 08, 2020 @04:42PM
(#23119222)
To expand on what phonon said -- UI tax rate is company specific and depends, in part, on how much UI is paid out to company's employees.