They can set their own penalties, but the most common penalty for the business would be paying the full term of agreed employment (so probably 1-2 years) even if they want to fire you early. The most common one for the employee would be repaying any signing bonus and/or all or part of the salary for the full term of the contract.
You can enforce upon any legal and valid contract, but that’s obviously in a perfect world- many people can’t make the choice to take time off of whatever other job they might have found and pay an attorney/stay organized enough to find someone pro bono.
However, if you’re working with a company large enough to have a legal department larger than one overwhelmed lawyer, the contract will likely have a chilling effect on them fucking you over (which is imo the ideal situation for the type of company you need to do this with, they’ll be on their best behavior)
As someone living outside the US, your whole comment and the surrounding ones are absolutely wild.
Here in Germany, work without a contract is absolutely unthinkable. If anyone offered me a job without a contract, I would have to immediately report them to the authorities on the suspicion of tax fraud.
Also, even without a single word about it in my contract, they would have needed to notify me way in advance if they wanted to let me go. The exact duration varies by how long you’ve been there but the minimum is four weeks. For me it would have been four months because I had been there for over ten years. Also, the requirement for an employee to quit can never be stricter than for them to be fired. If you’re interested in the details, I recommend you find a translation of § 622 BGB.
And yes, these rules do get enforced reliably. The mere mention of the word “lawyer” usually gets even the most stubborn boss to comply in these cases because they know that every judge would rule against them within minutes.
Yeah, I live in Germany now and it’s great. I’m technically working without a renewed contract (which in my contract, means that it auto renews with a COLA increase) due to their oversight, but my raises stack on top of that.
The worker’s rights situation in the US is dismal unless you’re both lucky and in a skilled position, in which case it seems like it’s workable, but only as long as your luck holds. It’s still dismal.
Again, youre acting like laws are magic spells, and the best use for the paper they’re written on, the most utility it can provide me, is not to wipe my ass with.
I specifically said that they don’t help you if you don’t have the resources to pursue them, outside of a chilling effect. I expect a little more from my magic spells.
Even when it’s not: pretending successful lawsuits against governments, major companies, & the wealthy don’t exist in significant numbers is denialism.
The US is known as one of the most litigious countries.
Absolutely. The compunction of individuals within the systems we criticize is our protection against the system we criticize. If not for the US justice system Trump would be Kapital K King. But that self sustaining system is actively under attack and weakens by the day.
Just make an employment contract part of your counteroffer
Contracts only protect you from the honorable, or those you can enforce upon.
If they’re honorable, you don’t need a contract. If you can enforce upon them, its only utility is to gaslight their peers.
They can set their own penalties, but the most common penalty for the business would be paying the full term of agreed employment (so probably 1-2 years) even if they want to fire you early. The most common one for the employee would be repaying any signing bonus and/or all or part of the salary for the full term of the contract.
You can enforce upon any legal and valid contract, but that’s obviously in a perfect world- many people can’t make the choice to take time off of whatever other job they might have found and pay an attorney/stay organized enough to find someone pro bono.
However, if you’re working with a company large enough to have a legal department larger than one overwhelmed lawyer, the contract will likely have a chilling effect on them fucking you over (which is imo the ideal situation for the type of company you need to do this with, they’ll be on their best behavior)
As someone living outside the US, your whole comment and the surrounding ones are absolutely wild.
Here in Germany, work without a contract is absolutely unthinkable. If anyone offered me a job without a contract, I would have to immediately report them to the authorities on the suspicion of tax fraud.
Also, even without a single word about it in my contract, they would have needed to notify me way in advance if they wanted to let me go. The exact duration varies by how long you’ve been there but the minimum is four weeks. For me it would have been four months because I had been there for over ten years. Also, the requirement for an employee to quit can never be stricter than for them to be fired. If you’re interested in the details, I recommend you find a translation of § 622 BGB.
And yes, these rules do get enforced reliably. The mere mention of the word “lawyer” usually gets even the most stubborn boss to comply in these cases because they know that every judge would rule against them within minutes.
Yeah, I live in Germany now and it’s great. I’m technically working without a renewed contract (which in my contract, means that it auto renews with a COLA increase) due to their oversight, but my raises stack on top of that.
The worker’s rights situation in the US is dismal unless you’re both lucky and in a skilled position, in which case it seems like it’s workable, but only as long as your luck holds. It’s still dismal.
Again, youre acting like laws are magic spells, and the best use for the paper they’re written on, the most utility it can provide me, is not to wipe my ass with.
I specifically said that they don’t help you if you don’t have the resources to pursue them, outside of a chilling effect. I expect a little more from my magic spells.
In ages past maybe. Sorry, dismissed after first part, too sick of lib shit.
Nah, laws & contracts do get enforced. It’s happened many times before.
When the power differential is close, sure.
But we dont live in a society like you’re thinking of anymore, if we ever did
Even when it’s not: pretending successful lawsuits against governments, major companies, & the wealthy don’t exist in significant numbers is denialism. The US is known as one of the most litigious countries.
Absolutely. The compunction of individuals within the systems we criticize is our protection against the system we criticize. If not for the US justice system Trump would be Kapital K King. But that self sustaining system is actively under attack and weakens by the day.
Now? No. Not so much.