Lawsuit: Layoffs not Performance Reviews

[Tam]

https://jalopnik.com/ex-employee-says-tesla-broke-law-with-mass-layoffs-law-1819855711

Another day, another lawsuit.

The world used to be simple: When your boss said it's Performance Reviews then who are you to question that.

Now, the plaintiff Abraham Duarte wants a jury trial to decide if what the boss said is true!

 

[kort677]

anyone can file a lawsuit for anything, this has nothing to do with the world becoming more arduous, it is about people with an agenda using the legal system as a weapon to further their agendas.
the analogy is that a good prosecutor can get a grand jury to indict a ham sandwich, that indictment means nothing until the ham sandwich is prosecuted and convicted. We'll see if a court decides to allow these lawsuits to play out.

 

[Lasttoy]

I was at the factory at 7am. Some of the folks I saw didn't look physically able to work 8 hours on an assembly line. They took the jobs knowing they were no in shape to do the job of young tiger. They get hurt, can't keep up, get fired, now the complain and sue.

 

[sandpiper]

I was at the factory at 7am. Some of the folks I saw didn't look physically able to work 8 hours on an assembly line. They took the jobs knowing they were no in shape to do the job of young tiger. They get hurt, can't keep up, get fired, now the complain and sue.

It's the human way. I'm convinced that there's never been a human being that has ever thought 'yeah... I deserved to be let go.". People are pathologically unable to blame themselves.

 

[kort677]

I was at the factory at 7am. Some of the folks I saw didn't look physically able to work 8 hours on an assembly line. They took the jobs knowing they were no in shape to do the job of young tiger. They get hurt, can't keep up, get fired, now the complain and sue.

how did you know what the duties of their jobs entail?
do you realize that they were not entering a coal mine?
do you realize that in a highly automated plant like the tesla plant there really isn't a need for brawn for many of the positions there.

 

[ccdisce]

Having gone through a number of ' Technology Layoff ' the latest was
'We have to preserve the shareholder value of the company and since you all gathered in this room represent a Cost Center to the company we have to let you go. You have 1 hr to go clear your personal belongings and here is your separation package and do not be surprised that your computer has been locked and you are access badge no longer works.

'Thanks for all the fish'----Adams

 

[electracity]

This is primarily about unemployment benefits, if Cali state law is like most other states.

Some solarcity employees claimed they were never given a review. If that is true, it is unfair IMO to claim that they were fired for cause and therefore not eligible for unemployment benefit.

 

[kort677]

This is primarily about unemployment benefits, if Cali state law is like most other states.

Some solarcity employees claimed they were never given a review. If that is true, it is unfair IMO to claim that they were fired for cause and therefore not eligible for unemployment benefit.

a review? if the company feels that an employee is not "pulling his weight" the company [in right to work states/ no union contracts in place] can summarily terminate that employee for cause. there is no requirement for any sort of review process required.

 

[electracity]

You understand how state unemployment insurance rates are determined?

 

[kort677]

You understand how state unemployment insurance rates are determined?

do you understand the work rules in right to work states?
most companies will usually separate an employee "peacefully" if there was no major workplace infractions.
the company does not need to justify to the employee why he's being let go upon termination, if unemployment benefits are denied a state labor board could try to investigate but it usually wouldn't go too far. extreme examples for dismissal would be tardiness, or one extended break could be enough to fire for cause.

 

[eAdopter]

Per both Tesla and the the UAW, there seems to be strong correlation between low performers and union organizers. Was there a lot of overlap among these two groups?

On one hand, it could be said that Tesla used performance as an excuse to fire union organizers.

On the other hand, it could be said that the union organizers were low performers who needed a union to remain employed.

Assuming both positions could be argued, what factors determine the truth?

As a former supervisor, my opinion is that it's unlikely good/great performers were fired regardless of their union support. In "production hell" good/great workers are kept whenever possible. It's also unlikely that Tesla management ordered union supporters to be fired for the same reason. Plus, I'm confident they're not idiots.

Unless the UAW can prove otherwise, and I'm open to that, it seems likely that Tesla behaved appropriately in support of their employees and shareholders.

 

[electracity]

do you understand the work rules in right to work states?
most companies will usually separate an employee "peacefully" if there was no major workplace infractions.
the company does not need to justify to the employee why he's being let go upon termination, if unemployment benefits are denied a state labor board could try to investigate but it usually wouldn't go too far. extreme examples for dismissal would be tardiness, or one extended break could be enough to fire for cause.

You really need to read the article before posting opinions.

 

[Electroman]

On the other hand, it could be said that the union organizers were low performers who needed a union to remain employed.

I like it !!

 

[kort677]

On the other hand, it could be said that the union organizers were low performers who needed a union to remain employed.

in many cases, but not all that seems to be the current mission of the unions, it can appear that many of the unions exist to enrich union leadership and to protect the weakest, least productive part of the workforce.

 

[kort677]

You really need to read the article before posting opinions.

critical thinking can be crucial, I am not commenting on the article I am commenting on your broad statements.