News for hackers. Stuff that matters.
Re:Man wins the legal right to not be 'fun' at work by vegetablepotpie on Sunday November 27, 2022 @02:19PM (#33765748)
> The court ruled that Mr T was exercising his "freedom of expression" by refusing to participate in the company's social activities, and that performing this "fundamental freedom" could not be a reason for his dismissal.

It makes me upset that something basic like not wanting to drink lots of alcohol with your co-workers has to be justified with a legal framing of "freedom of expression". And Mr. T was fired in 2015, it took 7 years for this case to be concluded in the French court system. Not that French is an important qualifier, I fully expect the American legal system to take that long as well. It also makes me upset that the media's framing it as being not "fun".

In actuality, most people don't have the funds, the time, and the gumption to go through with a legal battle. You of course need to find a new job, but in the meantime you have financial obligations, and those don't wait 7 years to be satisfied.

Re:Man wins the legal right to not be 'fun' at work by roflc0ptic on Sunday November 27, 2022 @02:31PM (#33765885)
Right. You can only imagine the amount of fury that would drive a person to follow through on a thing like this. I mean, kudos to him for his success here against professional depravity, but litigation is awful, and often it’s better to just let the bastards win.
Re:Man wins the legal right to not be 'fun' at work by thrill on Sunday November 27, 2022 @02:37PM (#33765958)
"often it’s better to just let the bastards win"

The bastards count on this and relish it.

Re:Man wins the legal right to not be 'fun' at work by ketzu on Sunday November 27, 2022 @02:37PM (#33765952)
> the media's framing it as being not "fun"

This seems to be a direct quote from the defendant ('specifically his refusal to adhere to the company's "fun" value') not a framing of the media. At least not more than your own:

> something basic like not wanting to drink lots of alcohol with your co-workers

Re:Man wins the legal right to not be 'fun' at work by frereubu on Sunday November 27, 2022 @02:29PM (#33765869)
I agree with the sentiment, but it took so long because it went all the way to the Court of Cassation, the French equivalent of the Supreme Court.
Re:Man wins the legal right to not be 'fun' at work by pmezard on Sunday November 27, 2022 @03:11PM (#33766322)
IANAL, but closest French equivalent to Supreme Court is Conseil Constitutionnel. Cours de cassation is about breaking judgments because they were not made to the letter of the law. They do not pronounce general opinions about the law itself.
Re:Man wins the legal right to not be 'fun' at work by omginternets on Sunday November 27, 2022 @03:39PM (#33766676)
I think this is a case where the French parliamentary system doesn't map onto American institutions very well. IIRC, the Conseil Constitutionnel intervenes at the time of ratification of a law; it's a forward-looking body, unlike the US Supreme Court that judges law ex post facto (like the Cours de Cassation).
Re:Man wins the legal right to not be 'fun' at work by matrix_overload on Sunday November 27, 2022 @02:42PM (#33765998)
Unpopular opinion: life is too short to waste it working with people you don't like. If your team is a bunch of assholes, just find a different company that will be less miserable, shake hands and bid farewell.
Re:Man wins the legal right to not be 'fun' at work by herghost on Sunday November 27, 2022 @03:16PM (#33766376)
That's not too far from a reductio ad absurdum though really.

> life is too short to waste it working with people who don't like to inject heroin into their eyeballs whilst riding dolphins bred in captivity around Seaworld. Just find a different company that will be less miserable.

I like a drink occasionally with friends after work. Some choose not to come. Some drink soft drinks. Some stay out until I can see the regret on their faces the next day. Everyone makes their own version of "fun".

What gets my back up most in a work environment is mandatory fun. Someone has designed an activity, a workshop, a day that is all about having FUN!!!!1! Except its their version of fun and we all have to play along or else you're the problem.

That's what bothers me.

It's not about life being short or people being "fun" or not. It's about my interpretation of what it means for me, and everyone else's interpretation of what it means for them.

Re:Man wins the legal right to not be 'fun' at work by hn_throwaway_99 on Sunday November 27, 2022 @06:32PM (#33768117)
I think the "unpopular opinion" you are responding to is making the argument that if you don't want to engage in "mandatory fun", just quit and get a new job.

I don't necessarily 100% agree with that opinion (I'm glad there is recourse against sexual harassment in the workplace), and I have a ton of sympathy for employees in more coercive job environments where there are few jobs and it's difficult to just quit and get another one. In this case, though, I highly doubt "Cubik Partners" is the pinnacle of consulting in Paris. If it were me, I would have said "fuck these guys" and peaced out.

Re:Man wins the legal right to not be 'fun' at work by quickthrower2 on Sunday November 27, 2022 @03:35PM (#33766628)
We need people to fight, otherwise it become endemic. And not everyone is a programmer who can switch every 6-12 months into a new job and feel no effect on their career.
Re:Man wins the legal right to not be 'fun' at work by marmetio on Sunday November 27, 2022 @02:49PM (#33766072)
Many people live somewhere without other employment options and can't relocate. Otherwise, yeah, that's the obvious solution.
[dead]
Re:Man wins the legal right to not be 'fun' at work by marmetio on Monday November 28, 2022 @01:36PM (#33777586)
I can't work remotely because I work with hardware. But I agree that it creates new choices for many people.
Re:Man wins the legal right to not be 'fun' at work by marmetio on Monday November 28, 2022 @02:33PM (#33778413)
Really? Another "just do X" comment? Again, great when it's an option, but not as common as your own experience might suggest.
Re:Man wins the legal right to not be 'fun' at work by HeckFeck on Sunday November 27, 2022 @02:49PM (#33766075)
We've a way to go if this is an unpopular opinion.

Stay and put up is terrible advice. Rotten companies deserve to fail.

Re:Man wins the legal right to not be 'fun' at work by CodeMage on Sunday November 27, 2022 @07:38PM (#33768514)
On the contrary, anywhere this is a popular opinion is a place the has a long way to go.

"Just find another job" either assumes that everyone can do this or that those who can't don't deserve a better environment. The former is not true, the latter is a form of discrimination.

Re:Man wins the legal right to not be 'fun' at work by runarberg on Sunday November 27, 2022 @03:22PM (#33766460)
I think your opinion is not unpopular, but it is irrelevant to the discussion at hand. In this court case you can have plenty fun at work, but still prefer to do something else when work is over. You spend a huge part of your day with your coworkers, so maybe after work it is perfectly reasonable to want to spend it with other people, such as your family or non-work friends.

The point here is that mandatory fun time isn’t a leisure activity if you are forced to do it, it is overtime work. If your not getting paid overtime to participate, then it is free labor. And you are never obliged to do free labor no matter how much fun you have with your co-workers otherwise.

Re:Man wins the legal right to not be 'fun' at work by AnimalMuppet on Sunday November 27, 2022 @03:20PM (#33766424)
I may like them, but still not want to go out and drink with them.

In fact, in my over 35 years of work, the number of co-workers I wanted to go drink with is precisely zero. That doesn't mean I didn't like them.

Re:Man wins the legal right to not be 'fun' at work by ilyt on Sunday November 27, 2022 @06:09PM (#33767977)
That's a privilege not everyone has; many people's competences/talents don't allow them to job hop that easily
Re:Man wins the legal right to not be 'fun' at work by steve1977 on Monday November 28, 2022 @06:06AM (#33772150)
The thing is, I might like my colleagues at work and still not want to go out with them (because I simply don’t like going out).
Re:Man wins the legal right to not be 'fun' at work by bjourne on Sunday November 27, 2022 @03:07PM (#33766279)
France has strong labor unions. Likely, it wasn't Mr. T who handled the case but his union's lawyers. They may even have decided to litigate rather than settling out of court to create a precedent that would cover future labor disputes.
Re:Man wins the legal right to not be 'fun' at work by la64710 on Sunday November 27, 2022 @03:10PM (#33766316)
Well I have been in many meetings where folks would continuously drop F bombs just to shut others up or to be strongly opinionated. Many years ago these behavior would have been deemed as unprofessional , now in some places people don’t bat an eyelid when these happens. I see this culture as toxic which ultimately harms full inclusion.
Re:Man wins the legal right to not be 'fun' at work by GiorgioG on Sunday November 27, 2022 @03:21PM (#33766455)
Depends on the place, circumstance, people, i.e. context. I (and my teammates) regularly drop F-bombs when troubleshooting/debugging issues with coworkers I've worked with for 5+ years. Nobody bats an eye. Do we do it in all-hands meetings? Of course not. Having said that, being a jerk intentionally to shut someone up is unacceptable in a meeting regardless of whether it's done with swearing or not.

Inclusion doesn't mean treating everyone like fragile butterflies. My neighbor is a 3rd level support agent for an enterprise storage hardware company that's very well known. He's been there for decades as has most of his team. They recently hired a new agent who took offense to my neighbor and one of his long-time coworkers chirping at each other (in good fun) on a team meeting call. No one took offense except this new person who took it straight to HR. It didn't take long for this new person to get on everyone's bad side and was then let go. Learn to read the situation.

Re:Man wins the legal right to not be 'fun' at work by la64710 on Monday November 28, 2022 @08:06PM (#33782326)
What you call fragile butterfly is called being professional. Learn to distinguish.
Re:Man wins the legal right to not be 'fun' at work by GiorgioG on Tuesday November 29, 2022 @12:40PM (#33790647)
And that's why culture-fit matters. There are places that are 'uptight' professional and others that are much more relaxed (most fall somewhere between the two.) No judgement of either environment types.
Re:Man wins the legal right to not be 'fun' at work by mancerayder on Sunday November 27, 2022 @08:28PM (#33768825)
What's non-inclusive specifically about F-bombs? It might not be great decorum, but that seems a bit heavy.
Re:Man wins the legal right to not be 'fun' at work by la64710 on Monday November 28, 2022 @08:05PM (#33782319)
That it discourages people who consider throwing F bombs as unprofessional to participate and is this non inclusive.
Re:Man wins the legal right to not be 'fun' at work by omginternets on Sunday November 27, 2022 @03:29PM (#33766568)
>Not that French is an important qualifier, I fully expect the American legal system to take that long as well.

I appreciate your noble intent, but "French" actually is an important qualifier. American courts are quite expedient relative to their French counterparts, especially in civil matters. I would expect such a case to take 3 years in the US, tops.

More to your point, this is where France's workplace protections are generally pretty good. It's hard to fire workers for anything other than gross negligence or incompetence, and the courts are generally biased in favor of the employee (which comes with its own set of problems, to be sure).

Re:Man wins the legal right to not be 'fun' at work by 696WzRGsnUOI on Sunday November 27, 2022 @03:31PM (#33766592)
The same reason people don't report sexual harassment - and there is another reason on top of that: whistle blowers are potentially going to blow their career. Damages should be in the millions. Especially when the pattern is going to be younger people get harassed, so they have more career left.