i think the argument the parent is making is songtradr didn't fire anyone the only hired who they preferred.

Does a judge want to set the precedent that union busting is legal when you do it with extra steps?

1) Fire everybody

2) Create new corporate entity

3) Rehire the meek and compliant

4) Sell corporate entity back to original company

Judges tend to get very cranky when they have to deal with shenanigans like these.

Except there is no #4 in this case.

The question really should just be in #1 is legal. The extra shenanigans doesn't change that question.

But it would still set the /precedent/ that you can lawfully shed troublesome employees who you could otherwise not fire by changing the ownership structure of a company.

#1 by itself is not illegal. When companies move a factory overseas they also just fire everybody. Not nice, but not illegal.

> #1 by itself is not illegal. When companies move a factory overseas they also just fire everybody. Not nice, but not illegal.

It's not illegal in se, but it is illegal if it's done in order to retaliate against employees for organizing, in order to target union employees, in order to undermine a union, etc.

There's a question of enforcement, and there's the challenge of proving that to the requisite legal standard. But assuming the facts are established, it's actually a very clear violation of the NLRA.

"Fire and rehire" in the UK British Gas (former gov owner entity, privatised) tried this in 2021.

They were told if they didn't sign a worse deal they would be fired, causing a fight with the union.

Maybe lesson for next time: have some "sleeper cells" in the company that are not part of the union who can slow down development, create bugs, and waste time, accidentally check in AWS creds, etc.

Aside from sounding like an idea my 14-yr-old son might suggest, if you actually want to promote organization as a superior arrangement for software development and tech companies this would make them look worse. Most of us are too busy working to play Tom Clancy.