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by Alex3917 2381 days ago
> The fact that 2 coworkers were fine with your change doesn't mean it was made in good-faith

The standard for whether a company is legally allowed to fire an employee for organizing isn't whether their action is in "good faith", but whether their action is concerted. The fact that it passed code review is therefore critical evidence.

1 comments

IANAL, but California is an at-will state. Again, IANAL, but my educated understanding is that you can fire someone for any reason as long as the reason is not illegal. Lastly, IANAL.
But IANAL firing some one for telling their co-workers about their right to unionize is an illegal reason to fire someone. I'm not completely convinced that's what happened here but still
Technology makes a lot of these good intentioned laws hard to interpret. You cannot be fired for telling your co-workers that they are allowed to unionize. What if you work for a call center, commandeered an auto-dialer, and called every co-worker in the company with the same message? What about a popup on every page of an internal company website? Is someone allowed to stand up in the middle of the office with a megaphone and tell everyone they can unionize?
> What if you work for a call center, commandeered an auto-dialer, and called every co-worker in the company with the same message?

The law already covers situations like this, in terms of whether or not employees are allowed to use the internal technology tools of their employers in order to organize.

So what does the law say?
Organizing is protected by law. Firing for organizing is intimidation.
Yep, that's what's contested here and is unclear.
Is using whatever mechanism is available to you, including company privileges, in order to organize perfected by law? As a customer support person, would you be able to add "you have the right to sue Google," simply because they did have the right, and I felt like it? Am I allowed to write a script that helps draft automated verbiage to assist you in suing Google?
Right, but retaliation for engaging in a concerted labor effort is specifically an illegal reason to fire someone.