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Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court

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Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court

#11

Post by yosamino »

ChuckNorris89 wrote: post #3

>there was no urgent reason given to justify the immediate dismissal given.” He alleged that the termination was disproportionate Damn sweet. I wish we had such great employee protection laws in Austria, where the company/employer can terminate your employment relationship without any reason at all. >Less than a week after the plaintiff was fired, the Rijswijk branch of Chetu Inc. was deregistered from the Chamber of…

Not true that in Austria you can be terminated for any reason at all. There are protections in place. For example, in the regular case, i.e. 'no urgent reason' there is no such thing as an immediate dismissal, and this can be fought. Of course as always with the law ymmv - but there are many different ways in which your rights as a worker are protected.

See this: https://www.usp.gv.at/mitarbeiter/beendigung-arbeitsverhaelt...

Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court

#12

Post by V__ »

gnfargbl wrote: post #4

> Less than a week after the plaintiff was fired, the Rijswijk branch of Chetu Inc. was deregistered from the Chamber of Commerce and shut down on 2 September, records show. So, it's a fair assumption that no organisation in the Netherlands is going to pay out as a result of this. What are the chances of the employee being able to enforce this judgment in a Florida court?

Looking at their website [1] they still have a location (branch?) in the UK. I don't know how Brexit changed the legal frameworks between the UK and EU, but I would assume that could be a avenue to get some enforcement.

[1] https://www.chetu.com/locations.php

Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court

#13

Post by 6stringmerc »

krono wrote: post #9
stingraycharles wrote: post #7

Earlier quoted context omitted.

I think it’s a bad translation, the actual Dutch word being used is “ongehoorzaamheid”, which means something like “not following the rules”. I will say that it’s typically used in the context of raising children for example, but it’s definitely acceptable to use this word in Dutch in this context.

Then it is a correct translation, as that is what insubordination means.

Yes, a friend raised concerns about his health versus company mandates / peer pressure in an emotional and kind of irritating way and the company Terminated him for that. Still finding out if he’s eligible for unemployment in the US state he lives. Specifically, he wrote that the company’s only option was “not up to his standards” and the Executive who fired him cited that as a reason, because how could an individual possibly have higher standards than him and the company? Hint: it’s not hard because they are malicious hillbillies.

Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court

#14

Post by ifqwz »

jacknews wrote: post #2

"insubordination" wtf, was this a job or a prison camp?

Seems an appropriate word...

"Insubordination is the act of willfully disobeying a lawful order of one's superior."

Your boss is your superior, so disobeying what he asks of you is insubordination.

Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court

#16

Post by 6stringmerc »

yosamino wrote: post #11
ChuckNorris89 wrote: post #3

>there was no urgent reason given to justify the immediate dismissal given.” He alleged that the termination was disproportionate Damn sweet. I wish we had such great employee protection laws in Austria, where the company/employer can terminate your employment relationship without any reason at all. >Less than a week after the plaintiff was fired, the Rijswijk branch of Chetu Inc. was deregistered from the Chamber of…

Not true that in Austria you can be terminated for any reason at all. There are protections in place. For example, in the regular case, i.e. 'no urgent reason' there is no such thing as an immediate dismissal, and this can be fought. Of course as always with the law ymmv - but there are many different ways in which your rights as a worker are protected. See this: https://www.usp.gv.at/mitarbeiter/beendigung-arbeitsve…

Very similar in Texas - it is called At Will employment. Other states are Right to Work. Each has pros and cons. I’ve only lived and worked in Texas so At Will is very close to “for any reason” as long as it’s not against the law. Don’t like your haircut? They can shut can you on the spot.

On the flip side, if one day you go in and you’ve just had enough of the hourly retail job and think you can get a better one, you can up and walk out then and there. Usually we flash the double V for Victory sign and say “Peace out!” when that’s the case. It’s fun.

I remember working as a waiter once and the Manager started assigning employees cleaning duties like getting on ladders for ceiling vents. Waiters get paid by tips, salary was $2.13 an hour at the time. When he asked me I told him I wouldn’t do it and would call the Workforce Commission if he wanted to push the issue. Needless to say I was the only front of house person not cleaning shit like a chump that day.

Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court

#17

Post by castis »

ifqwz wrote: post #14
jacknews wrote: post #2

"insubordination" wtf, was this a job or a prison camp?

Seems an appropriate word... "Insubordination is the act of willfully disobeying a lawful order of one's superior." Your boss is your superior, so disobeying what he asks of you is insubordination.

Since the lawsuit was successful, the order given was proven to not be lawful. Thus, not insubordination.

Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court

#18

Post by talideon »

ifqwz wrote: post #14
jacknews wrote: post #2

"insubordination" wtf, was this a job or a prison camp?

Seems an appropriate word... "Insubordination is the act of willfully disobeying a lawful order of one's superior." Your boss is your superior, so disobeying what he asks of you is insubordination.

You seem to have missed the word "lawful".

Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court

#19

Post by 01acheru »

ifqwz wrote: post #14
jacknews wrote: post #2

"insubordination" wtf, was this a job or a prison camp?

Seems an appropriate word... "Insubordination is the act of willfully disobeying a lawful order of one's superior." Your boss is your superior, so disobeying what he asks of you is insubordination.

> ... lawful order ...

That's why it is not insubordination, the order must be lawful. Your boss is your superior but there are plenty of possible scenarios where disobeying their orders is not insubordination. Besides that, your boss is not in a position to give you orders. It is a work place not a prison or a platoon.

In modern times insubordination is almost always related to military contexts.

Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court

#20

Post by Archelaos »

gnfargbl wrote: post #4

> Less than a week after the plaintiff was fired, the Rijswijk branch of Chetu Inc. was deregistered from the Chamber of Commerce and shut down on 2 September, records show. So, it's a fair assumption that no organisation in the Netherlands is going to pay out as a result of this. What are the chances of the employee being able to enforce this judgment in a Florida court?

There may be another way for the employee to get his money: Provided that the company still has a bank account somewhere in the EU (except Denmark), a creditor can apply that the funds are to be freezed. The debtor does not have to be informed of this in advance. Then a court order can be obtained to be paid out of the freezed funds.

See: https://e-justice.europa.eu/379/EN/european_account_preserva...

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