Comment on Cloudflare Employee records her final meeting where HR tries to fire her

• Aceticon@lemmy.world ⁨9⁩ ⁨months⁩ ago

  Well yeah, the recording of it does make it seem like she’s trying to extract something out of that meeting, but I’m unfamiliar with American employment legislation so I only have some vague that over there might be a legal/compensation difference between being “fired” and being “laid off”.

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  • Eccitaze@yiffit.net ⁨9⁩ ⁨months⁩ ago

    Basically, companies are required to pay for unemployment insurance that funds the government’s unemployment benefits system. If you lay someone off, the employee files for unemploent, and gets paid a portion of their weekly salary while they look for another job (the amount you get paid and whether there’s any additional requirements varies from state to state, with Democrat-controlled states usually being more generous, but generally you have to show you’re actively seeking a new job), and the employer pays a bigger unemployment insurance rate to compensate for the additional burden the former employee is now placing on the government benefits system.

    However, if you’re fired for cause–say, you get caught stealing from the cash register–then the employer can contest your unemployment. If the employer can show you were fired for a good reason, the employee can be denied unemployment benefits, and the employer doesn’t have to pay extra unemployment insurance. This meeting is the company trying to cook up a justification for firing with cause, and the employee trying to get them to admit they’re just being laid off, because if the company admits during the exit interview that she’s just being laid off without cause, it’s nearly impossible to contest her unemployment benefits claim later.

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    • Aceticon@lemmy.world ⁨9⁩ ⁨months⁩ ago

      Yeah, I can now see why the whole thing is basically the groundwork for a legal fight.

      That said she’s an amateur “lawyer” facing pros so the situation is stacked against her, plus she’s very nervous because she’s young and taking it personally, none of which are good for her side of the outcome.

      It is extremelly unlikelly that a nervous amateur with a massive stake on the outcome will manage to get anything useful in a legal sense from a professional lawyer for whom the whole thing is just a job.

      This might be one of those situations were the right strategy is to refuse to discuss it with the company’s legal team without your own legal advice present, or at least getting some legal advice upfront about what to get from them (say, documentation they’re obligated to provide).

      As with everything, not being the “easy pickings” increases your chance that they’ll just give in and pay up simply because it’s not worth the risk (imagine it goes to court and their claims of “for cause” are trashed and the whole thing can be used by other ex-employees to get summary judgements against them or something similar).

      If there’s something life has taught me (in a very painful way) is to lawyer-up as soon as there are legal implications (fortunatelly, over here firing “for cause” - i.e. laying off - has quite a higher standard of proof for the company and can’t just be on them making claims of underperformance).

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  • MonkeMischief@lemmy.today ⁨9⁩ ⁨months⁩ ago

    Basically in a nutshell, if they can claim it’s “performance reasons”, they likely wouldn’t have to pay her a severance if that was part of the contract, and there’s a chance she wouldn’t get unemployment insurance either.

    I’m in the US and I’m not even 100% sure how much unemployment the company is liable for paying, but I know it’s a common strategy for any employer to abuse you into quitting on your own so they don’t have to pay it.

    If she’s laid off, she gets some support until she finds a job elsewhere. If they admit that, then she wins justice rather than letting them get away with theft.

    This is probably why these goons were sent in with zero data. They’re probably telling the truth that they don’t have these mystical “metrics and data points.”

    It’s as she said: company hires a bunch of people, probably makes a bunch of promises to them, and then decides they don’t want to pay for them.

    These are the kind of sociopaths that can justify just abandoning animals they’re tired of, and society rewards them for it through profits.

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    • Aceticon@lemmy.world ⁨9⁩ ⁨months⁩ ago

      Here in Europe being fired “for just cause” does not impact unemployment benefits but does require quite the standard of proof (it’s can’t be just done on “your performance evaluation was not high enough”, and the company has to, for example, prove that somebody stole from it) but they can then avoid paying compensation. Also firing without just cause (i.e. laying off) is not generally possible outside the trial period unless in exceptional circumstances (say, the company has provenly been losing money and hence is firing a fraction of its employees).

      This does vary from country to country and is part of the basic employment law, so in places with strong Unions it’s even more strict.

      So this kind of situation in this video does not apply because to fire for cause the burden of proof is on the company, not the employee: she cannot be just fired “for cause” merelly because the company claims the underperforms.

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