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by gamblor956 1321 days ago
Forcing people who were told they can work fully remote in their employment agreement to work in the office is treated as a constructive dismissal in the U.S.

As this constructive dismissal is clearly part of the mass layoffs, they would also be subject to the 60 days notice under the WARN Act (or 60 days pay to waive notice).

1 comments

“Is clearly” is doing a lot of work here, and I suspect Twitter’s lawyers don’t share your investment in it.
One of Twitter's lawyers literally stated in a company-wide communication this morning that Twitter employees have the right to work from home, regardless of what Elon said in his email.

Elon announced the policy with the intent to be able to fire employees who refused to come in to the office. However, because WFH is part of employee contracts, enforcing a WFO policy would constitute a constructive dismissal if actually enforced by Twitter. Meaning, not for cause, severance likely required under WARN Act, etc.

Then why did Twitter's top lawyers just quit? You're being optimistic in expecting Twitter's legal team were even told about this plan in advance, considering HR wasn't.