Layoffs are “supposed to be” non-performance based. “Our widget didn’t sell so we’re laying off the widget makers”. That’s the generally accepted idea.
In the US you totally can sue if they fire you for a protected reason (“we noticed you were missing meetings on maternity leave, men would never do that”). Some people would sue over anything I’m sure.
If you’re a salesperson and you didn’t sell anything for 5 months, that’s performance based and it’s “reasonable” to fire them. They’d probably not sue. You can tell someone they were a poor performer without legal repercussions, assuming you’re not being shady. Typically HR and legal put together some sort of evidence just in case.
It’s just mean, but maybe fair, to lay off the entire sales team and call each person and tell them they were a bad performer. Bad look to do it after the Cloudflare CEO went around a press tour last year bragging about how they won’t do layoffs and now’s the time to invest in talent.
These types of firings, where the employee was given no negative feedback, there is no paper trail, evidence, etc. creates the type of gray areas that can easily lead to findings in favor of the employee if she were to file something for say sex discrimination. Cloudflare may have to go and find other instances where they fired non-protected class employees in a similar fashion. At the very least, it's going to be a PITA for their HR/legal team and may cost them some fines as well.
More evidence that we need to dismantle much of the federal government, I don't want my tax dollars funding crap like this.
The government should build bridges, highways, manage defense, control the border, manage trade policy etc. All of this extra stuff is scope creep to the extreme.
Never change, America
Employees can be 100% layed off during maternity or paternity leave. The second part is the problem, making it about gender/sex.
Of course I know the company might escort me out when I give notice instead of letting me serve out the time, and of course that would hurt my feelings, but when I regained my composure I would see that it reflects poorly on them, not on me, if they do that lame nonsense.
So I think it's really sad for companies (and also employees) that for whatever reasons they don't feel they can give notice in this same way.
But I certainly don't want to give up something that I value for myself, out of spite. That makes no sense to me.
Worker solidarity doesn't mean you fuck over capital any time you can, even if it makes your fellow workers' lives harder. The company cares way less about you quitting suddenly than your coworkers do. That's exactly why they don't care about laying people off with no notice.
You may get faux revolutionary warm fuzzies by quitting to screw the man, but you're probably screwing your friends more than your foes.
There's a lot of talk about "networking" to find jobs or opportunities (like your own startup or freelancing) but one thing networking means is building relationships with people you have worked with in the past. That doesn't mean sucking up, but just being known to be reliable and dependable makes you a safer bet if that person is in a position to hire or recommend you.
That manager or coworker you did a project with a few years ago might have moved on to another company and is someone you can reach out to. If you dropped out of a project mid-way without cause leaving them in the lurch, that's something they are going to remember.
Sometimes of course a job or project can be a nightmare and you want to have nothing to do with those people ever again, which is understandable. But otherwise I would try to be professional as possible and leave options open, and if that means giving your notice and coasting a few weeks, then do so.
I’ve lived a very different culture than you in the U.S. - to the degree I’m surprised to see you express this sentiment.
In days of yore, people gave notice. But then a meme policy of “don’t poison the well” did the rounds. Roughly, the philosophy went: when someone is leaving they can only do harm; they are leaving, they have a convincing reason for leaving, and you don’t want that convincing reason to sour your other employees on you.
The result was that, when you gave notice, you were immediately dismissed on the spot.
In my career, I’ve seen a few people give very generous (months) notice. They were expecting to be _paid_ for the period of time they’d given notice for. But they found themselves terminated that day.
The result, in my circles, is that people often hide their intention to leave until the day they’re leaving. When they send their notice, they’ve already quit. Any time they get paid for is gravy, but they’re out the door.
It's a concept in Swiss law that obligations are symmetrical, and the periods are quite long (three months, and not only for employment, but for other contracts as well, like renting).
If you are dismissed on the spot, you'll get three months of pay. On the other hand, if you give or are given notice, you are sometimes expected to continue work. This happened to me ten years ago. My employer expected me to explain to my coworkers how some things work during that time.
Looking back even I found that a bit strange because I understand the thing with doing only harm when someone is leaving. For example by leaving backdoors?
I think the harm meant is more about spreading negativity to other employees who might be inspired to jump ship too.
Once I was asked to continue interviewing candidates after I gave notice, which seemed a little odd at the time (also in Switzerland).
Socialism and authoritarianism are treacherous ideas because they can seem so enticing in many contexts.
And while we're looking at the intersection of socialism, employment, and freedom, moving health care away from employment and toward the government would be a big boost to individual liberty.
"Dismiss" is a fairly common euphemism for "fire", like "let go".
Of course, power dynamics being what they are, it's the worker who pays the price.
Completely OT: I absolutely know what you mean, but ugh, corporate jargon.
I do feel a bit ashamed of unironically using "sunset", although in my case it was more in the sense of "ride off into the ~". It was my last corp job (hopefully) ever.
When an employee quits, it’s expected they give two weeks notice.
This is rather balanced. Of course there’s the issue that you are 1/N * 100 percent of their workforce and they are 100% of your income.
On the other hand, mass firings could be much easier. There might be some rules you have to follow about who to let go first. And you might need to stop hiring for a certain amount of months. But at least you could empathise the economic situation and provide empathy when firing.