Re:Dutch employee fired by U.S. firm for shutting off webcam...
by mcherm on Sunday October 09, 2022 @08:32AM
(#33140405)
> I believe many US states have similar procedures.
Most US companies follow similar procedures because they are a sensible thing to do. But 49 out of 50 US states have "at will" employment which means that employers can fire any employee at any time for no reason at all.
Re:Dutch employee fired by U.S. firm for shutting off webcam...
by thrown_22 on Sunday October 09, 2022 @08:40AM
(#33140459)
They have at will firing. When employees choose to leave, not so much: https://www.nytimes.com/2022/01/24/us/thedacare-lawsuit-wisc...
Re:Dutch employee fired by U.S. firm for shutting off webcam...
by sidewndr46 on Sunday October 09, 2022 @09:36AM
(#33140834)
US companies follow those procedures because lawyers tell them they'll loose in court if they don't. Sensibility has nothing to do with it.
Re:Dutch employee fired by U.S. firm for shutting off webcam...
by rossdavidh on Sunday October 09, 2022 @03:35PM
(#33144440)
"At will" employment, especially for larger organizations, does not mean this. There are lots and lots of cases of employees, in nearly every state, suing for wrongful termination and winning.
Re:Dutch employee fired by U.S. firm for shutting off webcam...
by bryanlarsen on Sunday October 09, 2022 @09:01AM
(#33140578)
(deleted, replied to wrong comment)
Their (bad) legal argument was. He refused to follow work instructions, hence he did not perform his work as required, hence we can fire him "op staande voet" which is an on the spot firing that does not require a long process of attempting to improve employee performance. They needed a 'op staande voet' firing because the long process takes months. The justifications for this are limited to things like "theft or fraud", "Threatening or causing Grievous insult", "repeated innebriation" (called out specifically in law), or "refusing a task".
That final cause "Refusing a task" ,or in dutch, quoting from the law: "wanneer de werknemer hardnekkig weigert te voldoen aan redelijke bevelen of opdrachten, hem door of namens de werkgever verstrekt", can be translated to insubordination. A full translation of the dutch phrasing would be: "when the employee persistently refuses to comply with reasonable orders or instructions issued to him by or on behalf of the employer". Hence the company argued that "turn on your webcam all working day" was a "reasonable order or instruction issued by the employer".
Note that the story mentions this was during a "Corrective Action Program". That sounds like they were already in the firing process. Which starts with a process of notifying an employee their performance is not good enough, and requires they are offered a chance to improve. This 'offering a chance to improve' is usually done by putting employees on a 'performance improvement plan'. I believe many US states have similar procedures.