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What would you do? (sh.itjust.works)
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[-] Ulvain@sh.itjust.works 98 points 5 months ago

Well technically the worst (but absolutely legal) thing you can do, from their perspective is to be very well versed in your rights for the state or province you're in. Is it a dismissal without cause? Then what severance are they offering? Did your negotiate it? Basically they'll want you to sign something and promise not to sue - in exchange to signing this they'll offer something. Negotiate that... Usually in the form of X weeks of pay per years of service at your employer, but X can vary and be negotiated. You can also negotiate a referral letter from your boss even though companies usually say "we don't make referral letters" - as part of my package negotiation you will...

I hope it helps!!

[-] jol@discuss.tchncs.de 16 points 5 months ago

What happens when they refuse to negotiate? Do you then sue?

[-] qjkxbmwvz@startrek.website 24 points 5 months ago

My guess is that this technique works better with a small company


trying to get cute with a multinational with the legal budget of a small nation (and ironclad contracts + knowledge of local regulations) might not work well.

[-] Ulvain@sh.itjust.works 8 points 5 months ago

You might - refusing to sign, sending a well written formal notice, articulating a good demand with a rationale. It could be that based on your skills, the economy, opportunities in your field, etc that their standard severance won't "make you whole", i.e. allow you to find replacement employment that pays the same in a reasonable timeframe.

Ultimately a judge might rule that you had a reasonable expectation of financial stability from your employer, and by laying you off they're taking that away. The severance is there to bridge that expectation, so if you can demonstrate that their offered severance package is really far, you have a case.

Now the employer knows that - so if you prepare properly and ask/negotiate you have a shot!

[-] Agent641@lemmy.world 3 points 5 months ago

Knives at dawn

[-] chiliedogg@lemmy.world -3 points 5 months ago

No. You can almost never sue. At-Will employment is the standard almost everywhere.

But you can typically claim unemployment if you're terminated without cause.

[-] yannic@lemmy.ca 5 points 5 months ago

The United States of America is the only country with At-Will employment. Far from 'everywhere'.

[-] chiliedogg@lemmy.world 1 points 5 months ago

They may call it different things different places, but many places have a similar setup.

People can be terminated with cause at no penalty. If they are terminated without cause, the employer has to pay unemployment. If they're terminated illegally (e.g. discrimination or for union organization) they can be sued.

The vast majority of the time an employer cannot be sued just for firing you, but that's because there are other consequences for termination of an employee without cause that don't need to go to court.

[-] systemglitch@lemmy.world 1 points 5 months ago

In Canada there has to be a valid reason to fire someone. However, you can always lay someone off. Two similiar, but quite different things.

[-] chiliedogg@lemmy.world 1 points 5 months ago

That's essentially At-Will employment. If you don't have cause in the US, it's a layoff and you have to pay unemployment. If you do, then they're fired and you don't.

[-] systemglitch@lemmy.world 2 points 5 months ago

"for any reason, without notice" is a part of at-will. That's illegal here. So I don't think it's the same.

[-] chiliedogg@lemmy.world 1 points 5 months ago

If you fire someone without notice or cause in Canada, what's the punishment?

In the US, it's having to continue to pay them 60% of their salary without them having to actually work, and they don't even have to take you to court. They can just file for unemployment.

[-] systemglitch@lemmy.world 0 points 5 months ago

They have to pay a full severance package.

But there are loopholes of course and ways to potentially avoid that.

[-] Sweetpeaches69@lemmy.world 7 points 5 months ago

Mfw I work in an "at will" employment state.

this post was submitted on 11 Mar 2024
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Antiwork

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For the abolition of work. Yes really, abolish work! Not "reform work" but the destruction of work as a separate field of human activity.

To save the world, we're going to have to stop working! — David Graeber

A strange delusion possesses the working classes of the nations where capitalist civilization holds its sway. ...the love of work... Instead of opposing this mental aberration, the priests, the economists, and the moralists have cast a sacred halo over work. — Paul Lafargue

In communist society, where nobody has one exclusive sphere of activity but each can become accomplished in any branch he wishes, society regulates the general production and thus makes it possible for me to do one thing today and another tomorrow, to hunt in the morning, fish in the afternoon, rear cattle in the evening, criticise after dinner, just as I have a mind, without ever becoming hunter, fisherman, herdsman or critic. — Karl Marx

In the glorification of 'work', in the unwearied talk of the 'blessing of work', I see the same covert idea as in the praise of useful impersonal actions: that of fear of everything individual. — Friedrich Nietzsche

If hard work were such a wonderful thing, surely the rich would have kept it all to themselves. — Lane Kirkland

The bottom line is simple: all of us deserve to make the most of our potential as we see fit, to be the masters of our own destinies. Being forced to sell these things away to survive is tragic and humiliating. We don’t have to live like this. ― CrimethInc

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