pleroma.debian.social

pleroma.debian.social

USA Employment "Law".

Hey everyone!

It's never easy when you lose your job, but it got me thinking about how this works in other $COUNTRIES.

When I see posts about "I just got laid off", I imagine most of those in the USA, where it seems "loyalty" is meaningless and you can be fired at any time, for any $REASON (if there is one).

Is that predominantly true?

In the United Kingdon for example, employment law is a lot tougher, after two years of continued employment.

I guess I have it lucky -- but it's got me thikning about how other countries operate.

Losing your job is never easy -- and I really do feel for those affected by such things.

@thomasadam@bsd.network UK is quite shit too, I was there in 2001 doing temp work, very precarious, someone said to me "this is what its like in London, everyone is always waiting for the axe to fall". Prior to Brexit they had EU worker rights which were stronger in theory but a joke as every agency made you sign a form agreeing to waive your EU rights, no sign no job.

@brettm Right -- this depends on your employment type (temp/perm/contractor). If you were a contractor, IR35 comes into play...

But you've reminded me of something... there was a spate of "signing away your EU rights". I remember that form doing the rounds. I didn't sign it... That was around 2006 or so?

Don't get me wrong, the UK is shit at most things, but from a basic level, it's not easy to just tell someone not to turn up to work, which I gather can be the case elsewhere...

@thomasadam in france its extremely hard ( regulator needs to accept your layoff and you can just fire anyone)

In Poland it’s easier, but it’s not a 5 minute event

@mms Sounds ominous.

It's just something really interesting to see how true my original question is.

In films and TV, they (the employers) make it seem easy to get rid of someone they don't like... I saw this in the X-Files, recently, and that was from the early-to-mid 90a.

I wonder if it's changed.

US states that have "employment at will" are the worst!

@brettm You'll need to explain that to me...

Bonus points if you talk slower and shout at me, so I understand it. :)

@thomasadam in USA it’s still hell. You get some severance package, but you are out of job within hours.

@mms That's dreadful -- you just need to look at how Elon Musk """"dealt"""" with Twitter to see how fucked up this is, and he's only just settled a "deal" out of court, so even his actions are nonsense.

@mms @thomasadam

If you even get severance.

@rl_dane @mms Uh oh. So that's discretionary is it?

@thomasadam @brettm β€œat will” employment means either party can terminate the contract at any time. I don’t know how many states are β€œat will”. I think New York State is; I think California isn’t.
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Yep, NY is, I was an "at will" employee there. From memory I thought about 16 US states had it. Large companies love it so they hassle other states to bring it in, the US "free market" system of "gives us giant subsidies and remove all employee protections and we will move to your state"

I just re-read this, "at will" actually means the employer only can terminate at any time for any reason or no reason. The employee has no right to leave at any time. They have to give notice as stipulated in the contract, 2 weeks or 4 weeks or whatever, and can get sued if they just walk out.

@thomasadam @brettm
'At-will employment is generally described as follows: "any hiring is presumed to be 'at will'; that is, the employer is free to discharge individuals 'for good cause, or bad cause, or no cause at all,' and the employee is equally free to quit, strike, or otherwise cease work."'

https://en.wikipedia.org/wiki/At-will_employment

@jmtd @brettm Wow -- so this is also considered at an "at state" level, rather than per-employer?

@thomasadam @mms

It depends on your employment contract.

The thing that people (even in the U.S.) fundamentally don't understand about the U.S. is that it's all Shark Tank, all the time. You're either a fish with teeth (of varying size), or chum.

Everybody should have some business training/acumen to do well in this country, or at least have a skill set that people will beat down your door for.

I hate it so dang much.

Take a very critical look at Rich Dad, Poor Dad to understand the deep and prevalent sociopathy of how this nation is run.

@rl_dane @mms I shall, thank you.

I've clearly opened up a can of worms here, which is not my intention, and yet it's also interesting.

@thomasadam @rl_dane @mms Depends on the company. The nasty ones will do what they want, knowing that they can probably outlast/outspend any legal challenges. Folks who are lucky enough to have a union or other trade group may be in a better position to avoid/challenge unwarranted firings, but it again, it depends.

That's not how it is in NY afaik, its only the employer who gets to do it

Yes, its illegal under older labor laws, unless the state legislates to reduce those laws

CW: USPOL, labor

@rowens @thomasadam @mms

Tech workers seriously need a guild.

Even if it's a toothless one. Just at least a group that can raise awareness.