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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

#301
post #2

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

Insubordination is simply refusing a proper direct instruction; for example, refusing to turn on your webcam. I'd argue that instruction wasn't "proper". But one of the legitimate grounds for dismissal is refusing to do what you're told. After all, if you hire someone, and they won't do what you pay them to do, then natural justice would seem to say that you can stop paying them, and hire a replacement.

From what I've read, this employee was indeed insubordinate; but they were entitled to be insubordinate, because the instruction they were given wasn't proper. It would be wrong to court-martial a soldier, for example, if they refused an order to murder PoWs, even though prima facie that would be insubordination.

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

#302
post #143

Earlier quoted context omitted.

That is not a hot take my friend? Do you pay your taxes? Sales taxes? Does the company you work for pay their taxes? Do you intend on retiring with a pension at some point? Rising tides and boats comes to mind.

Well now we are going to get into more unpopular hot takes, because IMO income based taxation is theft.... I do not plain on retiring, and if I did I do not expect government social security (I am in the US) will be there to fund it so I do have a private retirement account that currently the US Monetary policy and government regulations/spending is doing its level best to destroy

When I take your property by force, do you plan to hire a security team to get it back, and then hope that I don’t have more money, and a bigger security team? Or are you one of these libertarians that suddenly sees the value in a government that enshrines in law the concept of “property rights” and implements enforcement?

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

#303
post #45
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?

Cross border collections are a thing between western nations. After all, US courts want to collect damages from EU countries as well. It takes time and usually isn't worth for small amounts... But for 75k someone will take time.

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

#304

Earlier quoted context omitted.

Nah, insubordination is a very common term in employment law.

It depends on where you live, at least in Europe most people would find the word inappropriate. For us here "disobedience" or something alike would be a better term.

Insubordination is an english word, and it is written into employment law as grounds for immediate dismissal. "Disobedience" isn't. Basically, if you take a paid job, you subordinate yourself to your boss.

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

#305
post #266

Earlier quoted context omitted.

> Which is why you make 50% less by the way They make 50% less. And they don't have to pay $1000 per head for private insurance, more for other insurance, $3000/month for being able to be a roommate in a 30 m2 apartment. Also they have disability, reasonable retirement, paid vacations and everything that are pretty much nonexistent for American employees.

If you use some extreme examples then sure living in the US can be very expensive. But for most of us the things are not this bad. I am a professor and even with the academic pay I save about 30% of my salary even after paying all the expenses. The key is to live in a lower cost US state where the salaries are still quite high compared to most of the world.

> But for most of us the things are not this bad. I am a professor

If you are a professor, you are not one of the 'most of us'. For most, things are really that bad.

https://www.cnbc.com/2016/12/13/americas-dirty-little-secret...

There are millions of working families where both parents and even children work and yet they still suffer hunger.

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

#306
post #93

Earlier quoted context omitted.

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.

Many countries go further, but the EU does require a minimum. - 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.

I'm not sure how it's counted, but in Poland we initially get 20 days and 26 after you work several years. Maybe the 4 weeks include national holidays, which don't count into the limit I mentioned.

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

#307
post #161

Earlier quoted context omitted.

Depends on the company but they are commonly used to ensure managers are not just firing someone that they are "pissed off" at, people are cynical about them but they are designed to ensure managers have to document the poor performance, and have notified the employee they are under performing... I have seen companies that lack this process and witnessed employees getting very positive feedback from managers even in…

Interesting factoid from Europe: at least in Germany, you are effectively unhirable if you are in a PiP. You actually have to warrant that you are not, before any company of any size will consider hiring you, and of course lying about that would be a firing offense. I get the logic, but as an American I was surprised… I was never PiPed but I too would have assumed it was better than the alternative. Not always!

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

#308
post #208

Earlier quoted context omitted.

For what it's worth I'm pretty sure there are systems in place in these countries which actually make it possible. right? Like, there are insurances and government assistance programs that businesses use to pay for things like parental leave. US businesses get no such help. So what is often attributed to US business greed is actually political greed, while businesses are just casualties.

Yes at least when I’m sick or on parental leave it’s not the company paying the parental leave money. The law makes it a requirement for my employer to let me take my parental leave, i.e they can’t refuse or not have my job there when I return. So while that’s a cost to them, of course they don’t pay me my 80% salary when I’m gone 6-12 months. Tax money does. My employer can use my salary money to pay for my replacem…

When I'm on sick leave in Poland, first two weeks are covered by the employer (80%) and only after that it's covered by tax money.

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

#309

Earlier quoted context omitted.

>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. The branch was first registered in the Netherlands on 1 June 2013 with the capital declared at 10 million euros.

That doesn’t mean they won’t pay him. Only that they don’t plan to hire in the Netherland anymore. It would be pretty stupid to not pay to be honest. It’s not that much money, would mean keeping an open case in the UE and it’s highly likely they would end up paying anyway though one of the collection mechanisms in place for this kind of case.

Hmmm. The advantage to Chetu of not paying is that other staff get the message that Chetu doesn't pay out, even if you win.

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

#310
post #170

Earlier quoted context omitted.

>>(we get 1 year for 80% pay, first 6 months full pay, then 5 years protection against dismissal) That is just crazy.... I would hate to be a chidless person in your country, I can not image the extra amount of work that get places on people that do not have children... As someone that will never have a child I like the fact that the US does not force this kind of parental leave on employers, I know that will be very…

Like paying schools from taxes and never have kids, or paying fire fighters and your house never burns. It's called society.

> paying fire fighters

Which the vast majority of America doesn’t do either.

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