he was ordered to take part in a virtual training period called a "Corrective Action Program." This is the sort of name given to processes uses when an employee is already performing below expectations. (Where I work it’s a more euphemistic Performance Improvement). If that’s the case here then his firing was a bit less sudden than it appears. Though the entire monitoring process seems draconian regardless.
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
#102Earlier quoted context omitted.
Plus cue in the shock of US Employees, when they realize his court costs to sue his employer were less than 500 dollars.
This isn't harmonized across the EU though, e.g. in German labor courts each side pays their own fees and lawyers regardless of outcome. So even a completely illegal action by your employer can/will still cost you hundreds to thousands of euros when you go and fight it. (The flip side is you don't have to pay for a team of expensive corpo-lawyers in case you loose)
https://en.wikipedia.org/wiki/American_rule_(attorney%27s_fe...
Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court
#103Earlier quoted context omitted.
European in general. My wife works for a biotech company in Austria which was recently aquired by an american company and it's so funny to hear about their efforts to adapt to EU law and culture. Most of their training material is still unchanged from their US branch so there are things they list as benefits for all employees like - 3 Weeks paid vacation (we get 5 by law) - Health insurance (you know the drill) - 3 w…
All true, but it might be worth mentioning that most of those benefits are still Austrian law, not European law. So while they generally better than the US, other EU states might lack some of those law.
- 4 weeks paid holiday
- 4 months unpaid parental leave, 14 weeks paid for the mother
https://en.wikipedia.org/wiki/European_labour_law is the best overview I can find.
Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court
#104Earlier quoted context omitted.
As others said, the dutch term is probably different. Their (bad) legal argument was. He refused to follow work instructions, hence he did not perform his work as required, hence we can fire him "op staande voet" which is an on the spot firing that does not require a long process of attempting to improve employee performance. They needed a 'op staande voet' firing because the long process takes months. The justificat…
> I believe many US states have similar procedures. Most US companies follow similar procedures because they are a sensible thing to do. But 49 out of 50 US states have "at will" employment which means that employers can fire any employee at any time for no reason at all.
Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court
#105> 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?
I believe most European countries require some kind of employee liability insurance that will end up paying this.
Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court
#106he was ordered to take part in a virtual training period called a "Corrective Action Program." This is the sort of name given to processes uses when an employee is already performing below expectations. (Where I work it’s a more euphemistic Performance Improvement). If that’s the case here then his firing was a bit less sudden than it appears. Though the entire monitoring process seems draconian regardless.
Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court
#107I love it when US companies meet Dutch labor laws.
I wish Europeans were a bit more business savy and corporate, and not see businesses as just bad things that are part of life, but of course when I’m in US I see the other extreme where businesses want to extract all value from me all the time, and it gets tiring.
Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court
#108Earlier quoted context omitted.
Plus you can always fire anyone for any reason in the EU, just give them enough money to stomach it.
and give them at least one month notice as well as pay out their unused holidays.
Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court
#109Unfortunately this is well within corporate “go away” money. They’ll gladly dish over 75k to get a threat off their books. It’s the corporate equivalent to stuffing 20 bucks in your pocket in case you’re held up while out on a run and don’t carry your wallet. Add a zero to make it 750k if you want corporations to think about it deeper.
Sometimes I feel like it might be good to meet in the middle (i.e. some amount of punishment awarded to the plaintiff, also as compensation for having had to take a corporation to court and presumably spending months in stress), but then I'm not sure where the line should be. Or perhaps a criminal case should be joined onto this, where the same judge (already familiar with all the details) also decides on a punitive amount going to the state.
Re: Dutch employee fired by U.S. firm for shutting off webcam awarded €75K in court
#110It's always something toxic when it comes to US companies. I had to do multiple background checks. In Romania they are unheard of.