Re: Bitwise Mag editorial calls OOP 'Snake Oil'
- From: "Nick Malik [Microsoft]" <nickmalik@xxxxxxxxxxxxxxxxxx>
- Date: Fri, 29 Jul 2005 06:25:40 -0700
>> When you wish to avoid lawsuits "let the new guy go" becomes an
>> involved and drawn-out process.
>
> Maybe in the US ?
>
> In France it's the law that a new hire is subject to a trial period of
> at most three months. During the trial period new hires may be let go
> with no justification, no formality beyond a written letter of
> termination. Surely we'll agree that three months is ample time to
> figure out whether a new addition to the team is working out or not.
>
> (And I had formed the impression that US law afforded *less* protection
> of that sort to employees than French law... My mistake ?)
The US has a set of laws that prevents someone from being discharged on the
basis of discrimination for gender, race, creed (religion), nationality (aka
national identity), and handicap status. Nearly everyone can make a case
that they are different than their boss in one or more of these areas.
Therefore, if you fire someone, be prepared for the remote chance that they
will sue under these laws (possibly falsely). Employees have won false
lawsuits this way. It isn't a huge consideration, but it is there.
In addition, in Civil Service positions, IT work often falls under the civil
service laws that require a drawn-out process for the employee to be
"fixed." I know of a case in government of one of the states where an
employee decided not to do any more work. He kept showing up, but refused
to actually work. This was in 2001. His manager tried for a year to fire
him. Just before the firing was to take place, the employee managed to get
a transfer to another position, so the process had to start over. To the
best of my knowledge, this person is still employed by that particular
state.
--
--- Nick Malik [Microsoft]
MCSD, CFPS, Certified Scrummaster
http://blogs.msdn.com/nickmalik
Disclaimer: Opinions expressed in this forum are my own, and not
representative of my employer.
I do not answer questions on behalf of my employer. I'm just a
programmer helping programmers.
--
"Laurent Bossavit" <laurent@xxxxxxxxxxxxxxxxxxxx> wrote in message
news:MPG.1d534169b84e4b3989954@xxxxxxxxxxxxxxx
> Isaac,
>
>
> Laurent
.
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