Roblox CEO David Baszucki said virtual workspaces are not as "engaging, collaborative, and productive as physical spaces," and it "needed to get back to working in person."
I think you're misunderstanding the cause and effect here.
"They did something wrong which is why they're getting sued" is not the same thing as "they are getting sued, therefore they must have done something wrong."
I'm just stating a fact. You can sue someone for anything, it doesn't mean you'll win. Just because someone sues you it doesn't mean you actually did anything wrong.
I'm just saying that saying that Tesla is getting sued for doing the same thing doesn't actually mean anything. It can be said that Tesla did the same thing, but the fact that they're getting sued for it doesn't really mean anything until they win or lose (and maybe a little if they settle) the lawsuit.
they can't change your job in order to get you to quit, though. You don't have to agree to new requirements, and can get unemployment because they fire you for not doing so.
In this case, this might still qualify as constructive dismissal. Even if it for sure would, not everyone will apply for unemployment, and they can still challenge it, causing delays and getting more people to not pursue it, ultimately resulting in a layoff that's cheaper than it's ought to be.
Yeah - I'm not a lawyer, but my casual understanding is you can get out of that gotcha if you apply the rule equally to everyone at the company. No legal action against these RTO mandates has been successful so far.
That being said, I didn't fully read the article. Roblox is offering severance to those who don't want to RTO - that's less shitty than a lot of the other tech companies.
Maybe. If both parties agreed to the change to become remote full time, then they'd both have to agree to change back. Though having a previous non-remote work agreement changed by an international state of emergency does give some weight to the employer side.
If people were hired (say, in 2020) under the condition that they’re allowed to work from home, this might be considered constructive dismissal - that is, forcing an employee to quit in a way that is equivalent to firing them. The employees are then entitled to the normal rules for unemployment, and potentially severance pay, unused vacation cashout, and so on.
I think Musk is facing several lawsuits along those lines, but might be moving to settle because the cost of arbitration would potentially bankrupt the company.
They are actually not able to follow up. They are saying resign.. not get canned. They actually cannot afford severance. Best way to fight back is not comply, not resign.