• ThrowawayOnLemmy@lemmy.world
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    1 year ago

    Can an employee just refuse to go back and continue to work? I’d much rather be fired by them than give them a pass by resigning.

    • reversebananimals@lemmy.world
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      1 year ago

      Yes, but they don’t have to pay you unemployment, because they can say you’re not following employment requirements.

      • Khanzarate@lemmy.world
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        1 year ago

        they can’t change your job in order to get you to quit, though. You don’t have to agree to new requirements, and can get unemployment because they fire you for not doing so.

        In this case, this might still qualify as constructive dismissal. Even if it for sure would, not everyone will apply for unemployment, and they can still challenge it, causing delays and getting more people to not pursue it, ultimately resulting in a layoff that’s cheaper than it’s ought to be.

        • reversebananimals@lemmy.world
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          1 year ago

          Yeah - I’m not a lawyer, but my casual understanding is you can get out of that gotcha if you apply the rule equally to everyone at the company. No legal action against these RTO mandates has been successful so far.

          That being said, I didn’t fully read the article. Roblox is offering severance to those who don’t want to RTO - that’s less shitty than a lot of the other tech companies.

        • AbidanYre@lemmy.world
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          1 year ago

          That seems like it would only apply to people hired after March 2020. Anyone before then would have been in office anyway.

          • SheeEttin@lemmy.world
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            1 year ago

            Maybe. If both parties agreed to the change to become remote full time, then they’d both have to agree to change back. Though having a previous non-remote work agreement changed by an international state of emergency does give some weight to the employer side.

            But I’m not a lawyer.