I have heard about a lot of people who have been assigned to new office locations that are creating longer commutes for them, sometimes even passing one or more office locations that are closer to their homes. There are also a lot of people who have new commutes of three or more hours. We know this company wants employees to quit so that they won’t have to pay severance. Is this constructive dismissal, which is illegal?
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Labor law/reg is actually quite specific about how location factors into constructive dismissal.
If someone is 40 miles or more from their designated location, and was remote but now is required to go to the office, the company must offer severance as an alternative.
If someone is, >40 miles away and they choose to commute the longer distance and not take severance, there is no longer grounds for severance or lawsuit.
Having someone commute past one building to go to another one doesn’t qualify for anything, unless it fits the scenario above - the destination building is now creating a commute that is more than 40 miles greater than the previous commute (either remote or distance from prior building)
Severance and constructive dismissal are distinct. Just because you’re offered severance doesn’t mean you can’t sue
@ugj+1tkgAg83 A lot of buildings have floors with open areas. You can request access and it auto provisions immediately.
Actually, people do sue on constructive discharge all the time. In the location or RTO strategy though, you can qualify for severance. That's it. Now, if you do t get Severance, then that's an issue.
Countries in Europe have legal protections (for workers) against constructive dismissal. Not so in the USA.
many people have access to many locations in a given region and one can always request access. what will happen is if you badge into an unassigned location 50% or more of the time your manager will get a warning. there is a flag in the reporting. Also, read the handbook on severance, it spells out the rules on the company changing your location. if they change your office to a location >40mi from your home you can request severance with HR. if you don't and choose to commute to the new location that's on you.
waaaaa and not new, rules have been same since March 2022
If you’re not authorized for a location then the badge won’t swipe.
Does it actually matter what office you badge into? Assuming no one in your area is in the office.
OP here. I really was just curious. I just learned this legal term today. This wasn’t something I knew about since this is first time I’ve worked for a company actively trying to make employees quit (yes, I know it happens and it is not new).
@gyo+1tkgAg83 - not everyone is getting a choice.
Well you had your chance to WFH and blew it, so stop complaining.
This post doesn't make sense. Read the handbook on location change. Anything that would change your commute that much is grounds for requesting severance. If the people are complaining that they chose an insane commute over a package, that was their choice and they need to live with it.
assume ignorance before malice. You're giving WFC way too much credit.
I truly think it’s by design since it’s new. There are no exceptions or flexibility and swiping in the office is the only thing people worry about, as it’s all we talk about. They track it and have a spreadsheet and added it to our goals and non adherence equal termination. That combined with outsourcing our jobs, laying off expensive / longevity employees, not providing tools to do the job etc.