Comment by toomuchtodo

Comment by toomuchtodo 10 months ago

This is not necessarily true. I have had a labor attorney successfully argue constructive dismissal when remote was written into the employment agreement in an at will state (employer and employee were both in Illinois, attorney represented them on my dime, I was the one who told the employee to have the remote clause inserted into the offer letter when they were hired).

Importantly, speak to a labor attorney, depending on your situation.

cortesoft 10 months ago

Well, the only thing that is going to get you is access to unemployment, which isn't life changing.

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toomuchtodo 10 months ago

They received a substantial settlement under threat of litigation. Unemployment would’ve been received regardless.
Never trust HN for legal advice. Not an attorney, not your attorney. I highly recommend engaging an attorney, both prior to and during acceptance of an offer, and when separated from an org. If you don’t, you’ve already lost, and I write these comments so others don’t lose.

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- cortesoft 10 months ago
  
  Were they part of a protected class? Otherwise, what protection did they have that would get them a settlement for being fired?
  
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  toomuchtodo 10 months ago
  
  Constructive dismissal. Not a protected class. Caucasian, male, under 40.
  The job was offered, in writing, remote; rto was a material change to the agreed upon working arrangement. While labor rights and protections in the US are flimsy, they do exist.
  
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ethagnawl 10 months ago

> which isn't life changing.
Speaking from personal experience, not having access to unemployment can definitely be life changing.

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