Software Engineer's Firing Ruled Illegal in a Rare Win for a Tech Worker

https://www.nytimes.com/2026/07/10/business/atlassian-tech-worker-wrongful-termination.html

by ytpete • 13 days ago

71 37 13 days ago

ytpete• 13 days ago

A US administrative labor law judge judge found that software maker Atlassian had illegally fired an engineer after she pushed back against manager layoffs and other policy changes.

The ruling found that the engineer, Denise Unterwurzacher, had a federally backed right to make such comments because she made them as part of a collective effort to aid or protect co-workers.
The judge ordered the company to reinstate Ms. Unterwurzacher to her former job or an equivalent position, and to make her whole financially. It is one of the most significant outcomes in years in a case involving the labor rights of a tech worker.

Atlassian said it planned to appeal the ruling, however.

exabrial• 13 days ago

Atlassian said it planned to appeal the ruling, however.

I think it'd be cheaper to keep her at this point. I'd tell your lawyer's egos to take a chill pill.

fhdkweig• 13 days ago

I am not a lawyer, but if they don't appeal and win, it will set a precedent that they'd (and other companies) have to pay out on any other employees fired for this reason. That will cost them more in the long run.

newaccountman2• 13 days ago

It's not the lawyer's decision, it's the client's

antonvs3• 13 days ago

Atlassian said it planned to appeal the ruling

To me this reads as: Atlassian says it doesn’t want customers.

Happy to oblige. Our $100 million startup moved off Atlassian recently, and we couldn’t be happier.

em-bee• 12 days ago

what/where did you move to?

thunky• 12 days ago

Atlassian could have fired her for no reason and had no problem.

rileymat2• 12 days ago

Yes, if they fired her for no reason…

No reason stated is trickier if the employee shows a timeline/cause and effect then gets discovery in court. Also, firing for no reason would not be very believable in itself compared to a timeline.

This is why employers even get extra careful with documentation in some situations where they have cause but also potential legal issues.

nemomarx• 13 days ago

In these cases where they have to rehire someone, does the employee usually stay after? Wouldn't the workplace be kinda hostile now with the manager who fired you?

imustbeevil• 13 days ago

I don't know about other companies, but I don't really interact with my manager outside of 1 on 1s like once a quarter. Also, it's never his choice to fire someone, it's always from above. I'm sure if he was forced to lay someone off he'd be just as happy as they are to have them back.

antonvs3• 13 days ago

A lot of companies have 1 on 1s weekly.

dinkleberg• 13 days ago

Yeah I can't imagine that playing out particularly well. Maybe at a company as large as Atlassian it is feasible enough to stay isolated. But I'd think the relationship is tainted from both sides at this point and doesn't favor either party.

triceratops• 13 days ago

Unlikely it was the person's direct manager who made the call to fire them. I would normally assume this person won't be up for a promotion for a long time. And they'd need to do everything by the book going forward.

On the other hand they've shown everyone they have backbone and that Atlassian ss petty and engages in illegal retaliation. So the company may be forced to be on its best behavior with this person in the future.

danaris2• 12 days ago

Even if that's the case, this ensures that she has a stable paycheck while she searches for another job.

beAbU• 12 days ago

In this particular case I'd argue that the workplace is indeed going to be very hostile, and appropriate reparations here would not be to rehire, but a fat compensation package for unfair dismissal.

Many worker relations ombuds around the world has procedures for exactly this scenario.

Hell, I reckon the majority of 'illegal' firings does not result in rehiring the injured party.

theamk• 13 days ago

https://archive.is/YkrVy

hendersoon• 13 days ago

Atlassian was extremely foolish. Obviously you want to fire someone who makes unprofessional comments like that on the company Slack, but you don't explicitly fire them for that, you find some other defensible reason to do it.

newsomix9xl2• 13 days ago

Now that we have fancy AI can't someone make a FOSS jira clone?

andrekandre• 13 days ago

thats something i've wondered too, but as a long time jira user i'd rather foss contribute to something better designed (both code and ux-wise) than rehash the mess of ux anti-patterns of jira... just my 2c

newsomix9xl2• 10 days ago

If I had to choose between Jira and Service Now there's no choice.

If you have a better design lets see it please.

therobots927• 12 days ago

I got downvoted for posing the possibility that the atlassian ceo actually is a ‘rich jerk’ and that his retaliation towards this employee was evidence of the statement itself.

I guess I’ve been vindicated. I’ll be accepting apologies.

Software Engineer's Firing Ruled Illegal in a Rare Win for a Tech Worker

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