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by olliej 1138 days ago
I’m beginning to think so as well. You can get significant layoffs without having a “layoff” event, and you don’t have to provide any of the support that is required when firing people.

It’s clearly not what an employment lawyer would call “constructive dismissal” but it sure feels like that is the intent.
1 comments
lmm 1138 days ago
> It’s clearly not what an employment lawyer would call “constructive dismissal”

Isn't it? I'm pretty sure this kind of forced change to working conditions constitutes constructive dismissal under e.g. UK law.

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olliej 1138 days ago
Sorry I'm habitually talking about us employment law that is generally as anti-worker as it is possible to be while still pretending that employees have rights.

It's also I realize kind of iffy. If Dell said explicitly "we will not ever require RTO", and you moved following that, then maybe your lawyer would be willing to bring a case, but in this case Dell is saying "if you live within an hour" you have to come in to the office. Given my employer's RTO has given me 3+ hours of commuting a day that seems in the region of what the US considers reasonable.

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jen20 1138 days ago
“Live within an hour” is interesting for Dell, given where their office is. At peak commute times this barely even covers north Austin, but off leash likely covers the entire metro area.
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olliej 1137 days ago
oh yeah - my mandatory RTO means I now need to drive for 2.5-4 hours a day.

Previously I could commute via public transit + work on commute buses, but given the lack of masking, vaccination requirements, or separation, driving is now the only safe option.

Not just for covid either: not going to the office meant I did not get sick for years - within a month of RTO starting I had one coworker saying that they would have been in the office but the (at the time) rules said you couldn't come to the office if you had flu symptoms even if you hadn't tested positive for covid. e.g. The only reason a coworker didn't come in while knowing that they work sick was because at the time it was explicitly prohibited.

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shjake 1138 days ago
If it’s in your contract then yes but if you were hired to work in an office but allowed to WFH for some time because of company policy I doubt it would be seen as such even in the UK
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lmm 1138 days ago
At some point it becomes custom and practice, particularly in a case like this where they've pledged it would be permanent.
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landswipe 1138 days ago
think of WFH more like a defacto relationship.
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