Comment by rectang
8 years ago
While I agree with the letter of your legal analysis, it should not be "the best the company could do" to make the worker whole. It ought to be expected that both parties behave ethically.
The worker should not abandon the company during their time of need because of an unfortunate legal SNAFU. The company, in turn, should take it upon themselves to ensure that the worker doesn't suffer economically for having done the right thing by them.
Why wouldn't a contractor leave the company when the company has done everything in its power to show the contractor the door? Aside from doing the job properly, the contractor has zero obligation to the company whose property he's working on.
In the 2-3 days after the glitch, when "there was an emergency on the multimillion dollar tool I was working on", I think it was good of the worker to not get hung up on the contract status and trust that it could be worked out by people in good faith.
Workers and management on a team ought to be able to trust each other to that degree, even if we understand that the interests of all parties are not fully aligned. That trust goes both ways.
Take that too far, tolerating abuse of trust, and you betray your obligation to yourself. But in small amounts, it's admirable.
If they're not being paid, then yes, the worker should abandon the company.
Do you seriously think I'm suggesting that they stay indefinitely without pay?
Or, if you are saying that they shouldn't stay even for a day, even in the face of an emergency, then I disagree. Even if they don't have a legal obligation to do so, I respect those who would, like this worker. And I would prefer to work along such people as colleagues, trusting that if they could help it, they wouldn't leave their team in the lurch.
I don't like the idea that complete lack of trust and hairtrigger hostility should be the default mode of workforce participation.
There's no moral obligation to work without pay, even for one day, even if you've gotten "promises" that you'll be made whole. An ethical company would send him home if they didn't know they could pay him or not, whatever the reason. If they need him to work THAT DAY because of some corporate "emergency", they should pay him cash on the barrelhead or make a similar arrangement, until they can get his regular paychecks going again.
As advice to a worker in this situation, it certainly makes sense to gut it out and take the risk of doing work without pay. It's, for most people, probably a much smaller risk than risking getting "really" fired without first having another job lined up.
What if the worker stayed, expecting that the company would make things right, but when it was discovered that companies simply don't DO that and haven't since the 1980s, files a lawsuit or otherwise takes aggressive action to force the company to treat them fairly?
"I don't like the idea that complete lack of trust and hairtrigger hostility should be the default mode of workforce participation."
Then complain to the employers, who are the ones who created that culture.
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