Hot answers tagged

140

Let's flip this one around for a bit. Imagine the situation: You're the PR department for a well-known global firm A new hire comes along and wants to publish some research done prior to joining The new hire won't let you see the contents of that research The upside here is pretty small: it might turn out that the research is ground-breaking and the ...


83

The primary (if not only) alternative to US employment law you will have access to is simply a written employment contract, which both the employer and employee sign and thus agree to be bound by. These employment contracts are relatively common at higher-level positions, and are commonly used to define severance packages, minimum notice periods, the time ...


45

First and foremost there is nothing in your question that even hints that your employer is asking or forcing you to give up your rights. But if you truly feel that they are, you should seek advice from an attorney specializing in intellectual property (IP) and perhaps an employment attorney as well. StackExchange is NOT the place for legal advice, only a ...


40

You are asking in a public forum with an identity that's linked to a public twitter account about how to do PR. That suggests that you are a person who doesn't practice the level of discretion that the average corporation would expect of an employee that deals with the press. Just because you have dealt with press before doesn't mean that you won't get a ...


32

If you are used to UK employment law and are about to be employed by a US firm you are entering a very different world. The short summary of your new situation is that of the protections and benefits you are used to virtually none of them will exist. I strongly advise you to get an expert on your side (i.e. one not working for either the US or UK company). ...


30

This depends heavily on your location (country, state, etc). Besides finding a new job, this may have impact on severance, unemployment and other contractual obligations. I recommend talking to a local labor lawyer. If you nailed the PIP and still got fired you may have a case of constructive dismissal here, which could give a strong negotiation basis. It's ...


29

Congratulations on having impressed multiple potential employers. You're in a good position, but be careful not to become a jerk about it. You could mention to Company B that you have a formal offer from another company, and ask if there is any opportunity for them to make you a formal offer as well. If Company B is unable to make a formal offer at that time,...


27

From your comment: If they found anything they didn't like, they would probably force me to change it too (otherwise what's the point of reviewing) The point of reviewing the research before you talk about it with the press is to avoid any surprises. Let's say for the sake of argument that you've invented a gravity switch that lets you effectively turn ...


19

They want to record the call with the press. You've already agreed to them being "on call" so it seems to me that if they wanted to record the call without your knowledge there wouldn't be anything to stop them... (if I'm understanding you correctly) They are forcing me to take a press preparatory course (although I have dealt with the press before). At ...


16

They want to review my research (This is what really set me off). When I questioned where these policies were documented, I was met with a friendly "if you do not comply with policy, you may be terminated" email from the head of PR. Unfortunately I have obligations that doesn't allow me to leave my job at this time I'm an at-will ...


16

You have to ask yourself why you are being offered this? Companies rarely do things without a reason that provides themselves with a benefit. Sometimes they are just nice, but if they just wanted to be nice they would say "we will not tell future employers that you were fired for poor performance". The offer they have made means that they want you ...


15

The primary benefit of getting things in writing when you're an at will employee isn't to prevent the company from intentionally weaseling out on promises. The primary benefit is to ensure that both parties agree on exactly what was discussed so that if and when an issue comes up in the future, there is a written document that both parties agreed to that ...


14

However, is there an alternative solution to this problem that I am not considering? Government employees are usually hard to fire. As a matter of policy, it is usually difficult to fire government employees as the process is lengthy and complicated. As a result; your chances of getting summarily fired for making requests is extremely low. Managers in ...


12

You need to check your contract, but basically, yes, in the United States if you're an at-will employee, they can fire you for that. Do you really want to be looking for a new job during this pandemic? If I were you, I would swallow my pride. It's going to be easier for you to find a new job if you're still employed. I'd suggest you bide your time. Help the ...


12

Edited because some people don't understand the "Illegal" does not necessarily mean criminal. Go directly to a lawyer. In most states, initial consultation is free. They are almost certainly in violation of laws. California law makes it a misdemeanor when a former employer "by any misrepresentation prevents or attempts to prevent" their ...


8

So now the only question is whether or not I can quit right now? If you are a freelancer, you can quit any time you like. Of course you can expect your professional reputation to take a serious hit. You get to decide whether you care about that or not. I signed a contract that states that it's both at-will employment and that my position is project/...


8

The protections in the UK simply consist of a legal requirement that there be employment protections implicit in every employment contract. The absence of those protections in the US simply means that those protections are not implicit in every employment contract. This lack is no bar to having a contract in which they are explicit. That is, there is no ...


7

"A bird in the hand is worth two in the bush" - olde proverb. If you really want to work at B, tell them that you have an offer from A, what the signing deadline is, and request an extension of the signing deadline from A if needed. If B really wants you they'll make you an offer. If not, accept the offer from A. If B makes you an offer, and it's better ...


6

These terms refer to different properties of the employment arrangements and they're not explicitly contrastable. Full-time employment means you are working at least ~35 hours a week, i.e. a 'normal' working week in that job. The actual number of hours varies by country and might not have an exact value in law. It contrasts with part-time employment, which ...


5

Personally I would call off publishing anything right now. Just say "I've been looking at my research and feel that some of my opinions have changed since I started this project so im going to have to re-write some of it" or something like that. Find yourself a new job and publish after you've left your current job.


5

I'm going to side with the other folks here and suggest that you ought to ask for an hour's time from an attorney who specializes in labor law. This whole thing just "smells very bad." I really don't understand why they are making you this offer, and they just might be calculating that you won't bother to find out. That could turn out to be very ...


4

I'm an at-will employee meaning they can fire me for anything or no reason at all. When I questioned where these policies were documented, I was met with a friendly "if you do not comply with policy, you may be terminated" email from the head of PR. That is unfortunately what at-will employment means. It means you can "choose" whether or ...


4

Why would they offer more notice than the law demands? Perhaps they feel that the law doesn't demand enough to satisfy their sense of corporate ethics. Or perhaps they are trying to make their organization more attractive than their competitors'. Or perhaps it was influenced by large external players, such as a union and an important contractor/customer ...


3

First, as far as you're concerned, whether the company's client has accepted the budget is not your concern. You aren't working for them. It's at best a nice excuse for the company you work for to deny you additional pay for additional work. Second, stop doing inadequately specced work. You've done it at least once, and had your work go to waste. If you ...


3

Note: I am not a lawyer. This information is for US and may vary by state and the terms of your contract. Temp-to-hire starts you with a contract period after which the company will evaluate whether to hire you on for a permanent position. The company is not required to provide severance pay if they chose not to hire you on to a permanent position after ...


3

is the a difference between X month temp to hire or Perm Placement in an at will state? Regardless of the state, and other laws that may apply, these two things are inherently different (disclaimer: IANAL). Temp-to-hire you can think of it as some sort of "extended trial period", in which both you and your employer can see how things work out before ...


3

In an at-will state, employment is never truly secure. However, in an at-will state, it is not just the new employees who are at-will, it can be most or all of the employees too. If the company is going through hard times, they may need to lay off very important people too. If there is politics going on, it can result in collateral damage of people at all ...


3

There seems to be something important missing from the OP's description of the situation: If this work has not yet been published, how did "the media" find out about it and become interested enough in it to "want a briefing"? The obvious answer is that the OP, or some former colleagues, have already been briefing the press about the unpublished work in ...


2

That's pretty standard response in my opinion. They want to make sure that: You are not making any claims on the company's behalf You are not releasing any IP that was developed with company money You are not making any negative comments about the company or bad mouthing company policy / initiatives. To do that they do need to review your research and ...


2

Yes if you have the ability to work from home, it might be possible. Talk to your boss. There are two interesting things to consider: US Congress (House and Senate) are drafting bills right now to mandate 7 days sick leave, and/or 2 weeks sick leave for employers to give to their employees. This is no matter what they currently have in place. A lot of ...


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