Re:My employer is reneging on its remote-work promise
by yosito on Tuesday February 07, 2023 @07:56PM
(#34702492)
Every job I've ever had (in the US) has been an at-will contract, meaning both I and the employer could end it at any time for any reason. This seems to be the norm in the US. So if a company decides they want me to come to the office, and I refuse, either one of us can end the agreement over that. This has always been the case. For me, in the interview process, I make it clear that I am a remote only employee and if the company ever wants me in the office, we'll have to part ways.
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Re:My employer is reneging on its remote-work promise
by toomuchtodo on Tuesday February 07, 2023 @08:12PM
(#34702686)
Not legal advice. n=1
A colleague (infosec engineer) took a remote job. I told them to bake into the offer letter it was fully remote. Employer agreed after strongly pushing back, desperate for talent. Employer told them it was no longer remote. Employment attorney called their counsel by way of HR regarding the change in employment terms and constructive dismissal. Role remained remote. Financial services employer. Get it in writing, trust no one’s word, companies are not your friend.
Re:My employer is reneging on its remote-work promise
by OkayPhysicist on Tuesday February 07, 2023 @08:29PM
(#34702848)
It would definitely be constructive dismissal, but in most circumstances constructive dismissal is only illegal if being fired normally would be.
Re:My employer is reneging on its remote-work promise
by toomuchtodo on Tuesday February 07, 2023 @08:30PM
(#34702868)
Success is never guaranteed, but you can take measures so that you're prepared when they try to fuck you. Maybe you still get fired and only collect unemployment, maybe you've got enough evidence to go to court, lots of maybes. Better than nothing imho, This is America and all. Fortune favors the prepared. Be prepared.
Obligatory call to action to unionize for better labor rights regardless of workplace goes here.
Re:My employer is reneging on its remote-work promise
by yosito on Tuesday February 07, 2023 @08:57PM
(#34703110)
I have a feeling this wouldn't work if it were an at-will contract. But I'd also never agree to a job if the employer was hesitant about being remote.
Re:My employer is reneging on its remote-work promise
by kcplate on Wednesday February 08, 2023 @01:38AM
(#34704902)
It wouldn’t. To me most arbitrator’s would look at a change from remote to in office in a similar vein to “the office moved across town”. Pre-pandemic, no one would question whether a company had the right to change the physical location of the office, and you would either adjust to the new office location…or quit because the new commute or location became problematic for you.
Your location was here, and now it’s here.
Re:My employer is reneging on its remote-work promise
by toomuchtodo on Wednesday February 08, 2023 @11:01AM
(#34709926)
The role in question I mentioned above is an at will W2 role.