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Tiberius
(@Tiberius)
Advanced Member

I assume the op had a private sector job. Actions and attititudes by many employers here make many workers avoid the private sector if at all possible or go to the States for better treatment and opportunities.

Most posters in this forum try to warn potential relocators, but there's always a positive story that keeps the dream alive. Survival here depends on having multiple back up plans.

As long as this is allowed to continue and employers are protected we will always be dealing with sub standard help. People worth their salt who read this forum are not going to come here to live and work. Why should they? So, in other words unless you have a 300 page contract the employers here have free reign to screw with you as much as they want at your expense.
So deal with your unreliable TV, wireless, bad mechanics and whatever else because we allow employers to chase away the good help.

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Posted : November 4, 2014 2:59 pm
JD on STT
(@jd_on_stt)
Advanced Member

Last month I spoke to someone who was on island for about 6 weeks. His company had him staying at Bolongo Resort. He was here from the states subcontracted by a wireless company to trouble shoot issues they were having. When I asked what the issues were and why they had to bring in someone he laughed and said he didn't know why either. The issues they were dealing with weren't anything out of the ordinary and some one on staff should have been able to fix it. I asked if he would consider moving here for a permanent position with the company but because of what he saw within the company and how employees were treated he would decline. Hmmmmm.

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Topic starter Posted : November 4, 2014 8:44 pm
Alana33
(@alana33)
Expert

Update. I went through my folder and found a signed agreement that I can not leave the company until 5/30/15. Also I had to sign a confidentiality agreement. This may mean that I'm not and "at will" employee.

Does that mean they have to pay you until 5/30/15, even if you're not working?

You do need to see someone. I don't know how the confidentiality agreement fits into this but you obviously do need advice on how to proceed.

There is usually an end term/date in a confidentiality agreement.

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Posted : November 4, 2014 8:55 pm
JD on STT
(@jd_on_stt)
Advanced Member

Update. I went through my folder and found a signed agreement that I can not leave the company until 5/30/15. Also I had to sign a confidentiality agreement. This may mean that I'm not and "at will" employee.

Does that mean they have to pay you until 5/30/15, even if you're not working?

You do need to see someone. I don't know how the confidentiality agreement fits into this but you obviously do need advice on how to proceed.

There is usually an end term/date in a confidentiality agreement.

Well let's put it this way. Besides the confidentiality agreement. They want that other agreement signed so I can't quit on them. According to the Statement of Understanding Agreement, they want a guarantee their employees will be around so they can fulfill their contractual obligations during the high season. That said, I don't consider myself an "at will" employee. I'm under contract with them until that time. So I would expect the same from them. That's not unreasonable. They also want 30 days notice so that means end of June 2015. I made a commitment to them so they should have to honor it.

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Topic starter Posted : November 4, 2014 10:04 pm
OldTart
(@the-oldtart)
Expert

So I would expect the same from them. That's not unreasonable. They also want 30 days notice so that means end of June 2015. I made a commitment to them so they should have to honor it.

It's all in the wording. Unless specifically stated that the terms apply to both parties (which would be highly unusual), they're not contractually bound to continue to employ you and can certainly fire you for cause.

PS: Take Ronnie's advice and call Adriane Dudley - the attorney I referenced earlier was part of her team and they're best equipped to advise you.

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Posted : November 4, 2014 10:11 pm
ms411
(@ms411)
Expert

Thanks for posting the info about the contractor at Bolongo. I want to follow the money on more contractors in the States who are awarded contracts.

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Posted : November 4, 2014 10:46 pm
JD on STT
(@jd_on_stt)
Advanced Member

He worked for a wireless company on island. Not Bolongo.

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Topic starter Posted : November 5, 2014 12:41 pm
Tiberius
(@Tiberius)
Advanced Member

Message Removed. Review Board Rules.

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Posted : November 5, 2014 2:30 pm
vicanuck
(@vicanuck)
Expert

Just when it was starting to get interesting!

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Posted : November 5, 2014 4:10 pm
Alana33
(@alana33)
Expert

I would imagine that your contract is also tied to some performance on the company's part. Such as not allowing a hostile or unsafe environment as a given.

I have always either worked for myself or was hired as a subcontractor. Never had to sign a confidentially agreement or had issues where I could not quit if I so desired so I am not familiar with Labour laws but I would imagine there's a list of can and can't do' s that an employer must abide as it regards to their employees.

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Posted : November 5, 2014 4:25 pm
OldTart
(@the-oldtart)
Expert

I would imagine that your contract is also tied to some performance on the company's part. Such as not allowing a hostile or unsafe environment as a given.

Not unless specifically written, as mentioned earlier. There's no assumed "tit for tat" in contracts. Again, the contract issue is separate from general labor laws which address the common issues of safety, etc. Those laws can be easily found on the internet and the variations between states/territories are minimal.

A confidentiality agreement is completely separate from an employment contract.

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Posted : November 5, 2014 4:51 pm
loucypher
(@loucypher)
Advanced Member

OT. Does that mean he would have to stick to the agreement and they don't. In other words, what could they do to him if he decided to leave before May 30th?

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Posted : November 6, 2014 1:53 pm
loucypher
(@loucypher)
Advanced Member

Update. I went through my folder and found a signed agreement that I can not leave the company until 5/30/15. Also I had to sign a confidentiality agreement. This may mean that I'm not and "at will" employee.

Does that mean they have to pay you until 5/30/15, even if you're not working?

Seriously? Are you joking?

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Posted : November 6, 2014 2:07 pm
CruzanIron
(@cruzaniron)
Expert

Since none of us has read the contact(s) everything is speculation.

I ALWAYS include a probationary period. It saves a lot of hassle with DOL.

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Posted : November 6, 2014 2:15 pm
OldTart
(@the-oldtart)
Expert

OT. Does that mean he would have to stick to the agreement and they don't. In other words, what could they do to him if he decided to leave before May 30th?

Sue for breach of contract.

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Posted : November 6, 2014 3:24 pm
Tiberius
(@Tiberius)
Advanced Member

OT. Does that mean he would have to stick to the agreement and they don't. In other words, what could they do to him if he decided to leave before May 30th?

Sue for breach of contract.

They would have to show damages. They would have to prove that that suffered a loss because he left. Not so simple as that.

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Posted : November 17, 2014 1:48 pm
OldTart
(@the-oldtart)
Expert

OT. Does that mean he would have to stick to the agreement and they don't. In other words, what could they do to him if he decided to leave before May 30th?

Sue for breach of contract.

They would have to show damages. They would have to prove that that suffered a loss because he left. Not so simple as that.

I didn't infer that it was simple at all. Merely that that would likely be the only option if they wanted to kick up a stink. I don't think this is the case here. I'm not unfamiliar with the sort of "contract" the OP signed and there's one particular employer on STT who has used similar for years - and has a VERY high staff turnover.

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Posted : November 17, 2014 3:00 pm
MissJustice
(@MissJustice)
Trusted Member

Do you work Old Tart?are you looking for work?

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Posted : November 17, 2014 7:07 pm
Alana33
(@alana33)
Expert

That's rather a personal question to be asking anyone on a forum message board, don't you think?

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Posted : November 17, 2014 8:16 pm
OldTart
(@the-oldtart)
Expert

It's an odd question but I've nothing to hide and the answer is that I remain unable to work following an accident three years ago.

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Posted : November 17, 2014 8:41 pm
loucypher
(@loucypher)
Advanced Member

OT. Does that mean he would have to stick to the agreement and they don't. In other words, what could they do to him if he decided to leave before May 30th?

Sue for breach of contract.

They would have to show damages. They would have to prove that that suffered a loss because he left. Not so simple as that.

I didn't infer that it was simple at all. Merely that that would likely be the only option if they wanted to kick up a stink. I don't think this is the case here. I'm not unfamiliar with the sort of "contract" the OP signed and there's one particular employer on STT who has used similar for years - and has a VERY high staff turnover.

Underwater Safaris?

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Posted : November 17, 2014 9:36 pm
OldTart
(@the-oldtart)
Expert

Underwater Safaris?

No.

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Posted : November 18, 2014 12:02 am
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