"WE WILL FIRE YOU IF YOU TALK ABOUT PAY" - INSANE EMPLOYMENT CONTRACTS
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If a company wants to be able to demand you aren't able to work in your own field for 12 months after employment, they should be responsible for paying a salary for those 12 months as well.
Courts would usually tell them that.
They can't force you to work when you are no longer employed unless they have a "sunset" clause where you agree to work _for something_ (slavery is federally illegal; they literally can't pay you "nothing" for any work done, and any term that says so is automatically void). But you *CAN* work as a subcontractor, charging them an extra 35% for added costs (you pay your own taxes, liability, insurance) and also another 10-25% premium because you can and if they don't want to pay you don't have to work since they won't accept *your* terms of the contract. Make sure it's in writing, and singed by an/the executive who has the authority to enter their business into contracts. An entry-level person signing it without that authority makes the contract void and you wont get paid.
CVS Pharmacy (148 Billion dollar net worth company) in Sun Valley North Reno ,NV needs a peon to do the drug delivery at 16 hrly, (probably a 25 hr job )with the driving risk involved and customer care.
@Planet of the Idiots In Canada they do. Any ambiguity or too far reaching terms of non-compete are automatically voided.
With no exceptions, and especially not if you quit. At an elevated rate too, because that's going to impact your entire future career.
I disagree. Sign the contract, take the job, and in three months, talk about your salary and get caught doing it. Then once they fire you, sue the shit out of them. Use their idiocy against them.
I agree with you, if you can. However; I couldn't find anything specific for Manitoba saying it's illegal to do that there, even though it 100% should be.
Here in the US in right to work states there is essentially not a damn thing you can do about it.
I used to work at a company that I left due to bad ethical actions they were wanting me to perform for them. I learned the day after I quit that getting immediately fired for talking about salary was illegal and I could've sued them for it. Kinda wanna see if I can just get rehired and do this lol.
Legal battles in the U.S. are largely in favor of companies simply because you can't win legal fees except in very limited circumstances, and they have lawyers on retainer and can drag the fight out until you go dead broke.
@@fillername458 that’s not 100% true anymore. More and more states have pay transparency laws, and if a company does business with the Feds, they have to abide by the federal pay transparency laws too
LOVE THIS CHANNEL. 20 years ago there was a shady company in California that made a similar offer. We got into a huge debate over email as their contract was illegal by California standards. They threatened me with legal recourse if I went to the California Labor Board about their offer hahahaa. Well, I did go to the labor board, but have no idea if anything came of it. Companies are not your friends, they are your enemy, you are a mercenary and you should always go to the highest bidder.
Facts which is why I work mercenary as a contractor
Lmao that's funny bunch of crooks
How about this? I will sue anyone who fires me for talking about pay with my colleagues.
You can sue, but the company is responsible, not the individual. All you'd be doing is showing your employer that you know nothing about the law... Which is a pretty brave move.
Young people please don't start a family or get pregnant at this time. Companies/Government/organizations have no loyalty to employees they will turn on you in a second when its convenient and fire/replace you. Governments are also increasing authoritarianism while helping the Globalist elites to consolidate all wealth/power. To ensure no slavery like life, girls should remember to take the birth control pill daily and both guy/girl should use protection and consider Tubal Ligation which is a quick procedure. You will just condemn your new child to increasing poverty and freedomless slavery and these control/money/job trends worsen.
Damn right
@@ThePrimeMinisterOfTheBlock Just because something is in a contract doesn’t mean that the employer is in the right or that it’s even legal 🤦🏾♂️
@@IncognitoSprax you missed my point
A specialist doesn't do 30 different jobs, they are called "specialists" for a reason.
In certain fields a 'Specialist' is often the lowest or entry level position in that field, we see this a lot in IT positions. Like for example help desk specialist or tech support specialist. They might very well be doing 30 different general tasks.
They have no real expertise or special skill in anything specific. Usually when you get experience or expertise in an area you get promoted from Specialist to Analyst.
@@jefflewis4 Low paid jobs always do many things. There is no specialist in low paid jobs like Help Desk or Support Specialist. These lower jobs are just pimped with fancy Specialist words to make the job title more appeling. Specialist in internal medicine, Specialist Doctor Radiology, Specialist in Haematology and Oncology etc. are specialist jobs.
@@pepsicherry6389 Of course its a fancy title, lots of IT jobs have fancy titles. A Software engineer is not in any way an engineer, but that is their job title. Same for this position 'Digital marketing Specialist'. Its a title, this job is a low level position because precisely so in the IT world quite often a 'Specialist' is a low level position. There's nothing specialist about this job, but that is the job title. Despite all the requirements listed for this job the relative low salary for this position confirms it so. The company has no intention of hiring someone who meets most of those qualifications.
Those job offers are made usually buy shitty companies that really the SEO is making Tags under YT video. No joke. The boss probably heard around the "TECH STUFF" he need soo whe thought let's just make single person do it.
the more I interview (sometimes 2, 3, 4xs), even get a offer or two, the more I realize WHY so many employers seem to be having trouble filling roles. I do not think I have ever seen so much bait & switch, just generally shitty pay/benefits, fuzzy and shifting job descriptions, and generally absurd employment "agreements"/contracts in my decades of work history. Keep shining the light on all this, Josh!
Places do not want to pay a good wage with benefits. I know quite a few people that work a 2nd job or have a side hustle in order to make it. Places want you to wear more than one hat and get paid for one.
I interviewed with Oracle back in April 2022 and they wanted me to do 6 rounds of interviews before they made a hiring decision. Granted, that's not what you are talking about, but it is just another example of a terrible experience for the candidate. I'm not doing 6 rounds of interviews for any employer. I don't care how shiny their products are.
Very true about the bait and switch....and they seem to want to expect you to keep taking on more responsibility and work for the same pay.
More then 3x is ridiculous, especially if it took hours to rewrite my resume to apply. Then another 2 hours having to retype everything into there portal 😂😂
And then you have these bosses that are barely paying more then minimum and think they are being generous.
I worked for a garbage company like this. They told me I "didn't need" a side job and flew into RAGES when I refused overtime. I always showed up and never missed a day, work was always done. One day the manager called me into the office, unexpectedly to talk to me about my union vote "not to vote in favor or it could affect my job" I took that as a direct threat. The next day I called in sick and made my way to the clinic and got a note for stress leave and took it. Found another job with my paid time off and QUIT. No one will control me like that. I work hard and do my job, you want to play though, we can play because I know work laws inside out and so should everyone. I should say I have been taken advantage of in the past/younger years which lead to me educating myself. I love this channel and what it stands for.
This is likely because companies are paying new hires WAAAAAAAY more than their existing employees, but instead of giving those workers a raise, they're hoping the seniors stay for less pay while training the newbies, who are paid more than they are.
I've seen this exact situation play out multiple times at many companies. Long term employees only get raises when minimum wage goes up, but nobody wants to come work for them for minimum wage so they hire new people for market rate and have the experienced minimum wage people train them.
That’s not just likely. It’s actually happening. I used to be a recruiter and I started noticing this in 2018.
@@jbb8261 I've been seeing happen, but more so in the manufacturing and production space, since around 2003.
This definitely happens.
Truth... Absolute truth. My company is peddling replacements for my ex colleagues, same grade same function as me, 50% more than what I'm on.
As a Digital Marketing Specialist with +4 years of XP, this is 100% the job description for 90% of all job experiences I've seen online. Only a select few have a good measure of what your job entails and where to set boundaries. Because marketing is such a competitive field, employers use this to get anybody young and dumb enough to accept and let me tell you, I was once dumb enough to accept it. Now I know better! Negotiate at all costs, make a counter offer, go over the details of the job, don't let the employer make all the decisions for you!
Marketing industry is a shit-show now. Glad I switched to tech
@@freshswagga100 seems like it. i have taken a bunch of full stack classes and started to look for a job. for entry level there seem to be more marketing related jobs. i am avoiding those at all cost. some offer fast food pay. not an industry I want to be in.
and here i am trying to get into digital marketing. 😅sheesh.
@@Ty-tn5uh it can be very profitable if you do the marketing for yourself. learn some web development too. most tech people know little about business and marketing.
Facts
Typical “family” behavior.
Nothing was boring in this video. Very important discussion and perspective you are bringing.
Yeah, we need to have these conversations more often.
In New York City, there is now policy in place forcing employers to reveal pay structures
EU is rolling out something like that.
I'd like to read the law for that. When it comes to politics, everything the government proposes is always to good to be true.
I believe california is also about to have something similar
I just left a job, I told them I had covid. If not he would've stopped the check and made me wait a month. I figured that it would take 10 days. Today was 10 days, they tried to get me to come back! Nope! Checks already cleared, can't stop payment now! Lol 😆 They could fire me at any time, not pay me for a month and only pay your last check instead of 20 an hour and pay me minimum wage.
Awesome 😎
Sneaky, I love malicious compliance.
some companies are an abusive spouse in corporate form. just insane.
Underrated comment!
It's the same approach as your typical Staffing Agency Recruiter. Client is able to pay x amount of dollars.....but they want to pay x minus y amount of dollars if they can swing it. They can't do that if everyone is transparent 🤷🏽♂🤦🏽♂
In many instances, the legal foundation of companies non-disclosure/non-compete agreement are invalid. I understand lawyers may be expensive but if you are making 6+ figures, I'd strongly recommend getting legal advice. Also, this may seem counter intuitive but it can be best just to sign the agreement if the agreement is so "batshit nuts" (legal term), then fight them in court because odds are your agreement is everyone's agreement so that puts you in an extremely strong negotiating position.
On top of that, if a clause or term is clearly illgal or unconscionable (seek legal advice), the way most contracts work is that you get the good parts and those bad parts are treated as though they never existed. Likewise, if their contracts are standardized, *EVERYONE'S* contract will change in the same way.
True, and they can put any BS in the contract, if they contradicts the province laws they will be pretty much useless.
Also if consideration is not paid when you sign I’m pretty sure it has no standing in court. Not legal advice as I am not a lawyer and have never played one on TV.
@@randomuserame Some contracts may have an anti-severability clause, so you may end everyone under that contract up out of job even if you win the lawsuit.
Employer: We will fire you if you talk about pay.
Also Employer: What’s your target salary?
🤦🏾♂️
Canadian here. Ontario though, specifically.
It's illegal to fire employees here for discussing salaries, at least in Ontario. Companies still do it all the time and just hope employees won't realize it's illegal and pursue legal action for wrongful dismissal. I worked for a company where this was a known tactic, and they used it to pay people who had been at the company 10+ years minimum wage, while forcing those people to train new hires with no experience who make more than them. And that was for essentially a manufacturing production floor worker who packs boxes off machines. Company was a few hundred people, it was a well known fact and said verbally but wasn't written anywhere official.
Legally, even for salaried positions, overtime must be paid, and must be at time and a half after 44 hours in a week. Management positions often have clauses that are essentially "you don't get paid overtime", and to even get paid overtime at all, typically it needs to be "approved" overtime, which means the company has to have explicitly asked you to do it. I've had companies who bred a culture where overtime was expected and heavily implied as being required without being asked outright, in order for them to get around it. A sort of "Well, there was just too much work and they didn't want to fall behind (because we'd reprimand them for underperforming) so they chose to work extra without being asked" sort of culture.
The non-compete clause isn't that a-typical, but definitely is a-typical in saying any prospective clients even if their names weren't documented. It IS your word versus theirs, but it would never hold up in court, and they are banking on people assuming that because it's in the contract they can't fight it and backing down immediately. I've also seen in many cases where a client of the company hires the person with a non-compete and there has been nothing happen because the job description on role is intentionally different enough to not qualify. I've also seen a few cases where the client actually paid the company money to poach their employee, to get around the non-compete.
Interesting! I'm also from Canada, and had no idea that even salaried positions must pay overtime here! My current company doesn't have us work overtime, though, and is pretty flexible with time off, so I don't have that problem now.
But small companies are the worst when it comes to this! At a point I worked at a small lawyer's office, where the boss kept trying to (figuratively) twist people's arms to stay hours and hours after the end of workday without paying them a single dime.
Jesus Christ! This is horrifying
Good to know our horrible work environment migrated to Canada. Soon, the world :)
Also Canadian Here, Alberta though, Most the rules are the same across the country with some minor differences. My wife is part of the Employee VS Bank (yes, one or major 5 banks in Canada) Class Action over unpaid Overtime and the Class Action has been going on for over a decade... So companies get away with it all the time. Luckily for me, I do work for one of the best companies in Canada and overtime is always paid within reason (I am actually getting work done and not messing around on youtube for example) and I am salaried.
As soon as you would claim overtime, you risk your job however. There is obviously A LOT of unreported overtime in Canada atleast.
Knowledge is power, and many employers don't want us employees to share knowledge with each other.
Yeah, but in this case, it's illegal at the federal level and you can sue them for wrongful term if they actually fire you for it. On top of unemployment while looking for another job. Also consider an injunction to keep them from "poisoning the well" during reference checks. (Be sure to pre-empt their untrustworthy and illegal actions if you're going to list your work with them as a reference)
Information asymmetry puts one party at a disadvantage. The whole theory behind the capitalist system and the Field of economics which surrounds it presupposes that everyone has the same knowledge. This is of course absurd but the presupposition is there and nothing else with an economics makes sense without it. In other words if you don’t know what they know you can’t actually make choices that are in your own interest.
Sorry about my spelling, using speech to text. It would be nice if you had an edit button.
The more they want to hide it or interdict it, the more I poke around to find out.
"Any prospective client, whether or not the Company has recorded their names as prospects"
If I read that right... That line is super, super evil. With that line, they technically can bar you from getting ANY job for 12 months if that's enforceable. Even a fast food place could be labeled as a "prospective client", and they don't have to even do business with them--just them saying that out of spite is enough. They might even try to, if you are self employed, label your business as a "prospective client" and prevent you from working on your own business (this sounds more insane, but then again the shadier companies love to take the extra mile after taking the first!).
"This is a company of less than 10 people."
YES, I _knew_ it must have been a shitty small company! They are the ones who do this sort of garbage in Canada...
"now toil for me, and look happy my slave"
this is the standard scammyness in many companies in canada regardless of size.
The company is only a dozen employees? I doubt they would even be able to enforce a non-compete, the legal fees would ruin them.
Great point!
That's what I was thinking. Just quit and say "F--k you, your notice and your non-compete, sue me."
Case law is already established, it is too vague to be enforced, and the pay structure language is illegal on all fronts. They can be sued and fined just for printing it in a contract. I would sign it and have them sign it and immediately report them to labor.
insane. i dont think im ever gonna work 9 to 5 ever again. (in one of my previous jobs the company did a shady tactic too, we had workers with the same job description getting paid different amounts)
what is your alternative to 9-5?
@@do-uc6xj gonna do some gigs or start my own business or die trying
@@do-uc6xj so basically hell be broke and homeless in 3 months lol or he has no real responsibility lol
@@gello8518 not necessarily. you either have to be good at taking on freelance clients or at business. i'm doing the same but have a 36 hour weekend job that covers my expenses while i'm starting freelance part time during the week and my own side projects.
@@do-uc6xj yeah but that’s something a plan and a good one at that. His plans don’t really sound as firm and planed out.
I’ve been telling people about this issue in a lot of Canadian companies for years! Thank you for highlighting!
Edit: the 10 jobs in 1 vague description of your position.
lol the "you do many stuff, I get paid from the clients" kind of jobs
@@marcogenovesi8570 exactly lol
There was a job with a 3 page description (joining Accounting, Data Science and Netowrking) at a big 5 bank, offering like 50k in Toronto. What a freaking joke.
You guys the info Josh is sharing is gold. My husband and I have been watching for years and after adopting Josh's understanding of corporate America we've become financially free and are our own bosses. I hope if you're in a tough position with work you find the strength to buckle down, figure out what would make you happy, and take what's yours! Don't put up with bs, it's not worth it.
Josh Glad to see you around still keep the fight keep the channel been with you since parent thing...thank you for Videos ;)
I disagree with the video sounding "boring", I had a similar situation in which a company that I had work for had a clause stating that "I could not work in the same industry after two years of leaving the company " I had to ask a lawyer if that was even legal, his answer was a resounding "no", this video is great to raise awareness of the shady practices that the companies try to pull every day.
I'd really love to see a company actually try to enforce a non-compete clause, especially if they're the one who terminated the employee.
Fire me & have the audacity to tell me that basically, I can't work in this industry for 12 months. Get fucked lmao.
spambots are getting bolder every day
No way will that shit hold up in court
@@MatheusKlSch for real man. Every damn time I leave a comment I see bots trying to impersonate the creator. You'd think Google would figure out how to cut down on spam by now lol.
@@freshswagga100 Courts have nothing to do with enforcing non-competes. The way they work is the company will call the new company and say they will sue if they go though with hiring and send them a copy of your contract... magically the position with the new employer will be closed to avoid the lawsuit.
Lesson, never let anyone ... ANYONE... know who is your new employer even if the non-compete is illegal or unenforceable.
I worked for a salon that had a non compete clause. We weren't even supposed to tell the clients that the person left.
We would tell them anyways. It's stupid when a person comes for a specific stylist and the company tries to say that they are their client. People come to stylist not companies.
Most non-competes and NDA's are so overly restrictive that judges throw them out if the perpetrators try to drop the legal hammer. I worked at a place that did not drop the stupid non-compete on me until my first day of work. Talk about coercion. I had nowhere else to go because, obviously, I had already quit my prior job. Then, they tried to make my life hell for 4 straight years because they knew I basically could not go elsewhere. People who do stuff like that to unsuspecting employees need stiff sentences in state pens.
so why didn't they put 'Just do everything'... they basically put everything they could think of in the job description... like bruh!!! we only have two hands. n this contract, might as well do away with ur soul...
very well said.
In Ontario and Quebec these clauses are often empty threats that are deemed not enforceable.
If taken to court the burden is on the employer to (1)prove any damages, (2) prove the restriction doesn't unreasonably impede the worker's right to make a livlihood, and (3) that the restriction is the minimum necessary restriction needed to protect the company.
So basically, all broad non competes are unenforceable and you can't get sued unless there is clear evidence your actions actually caused damages.
We are only robots. But not even we would work under such oppressive conditions.
You're the man Josh. It's common sense at this point but I followed you back in the tutorial days.
Sounds like a company formed by and employing a bunch of friends with 6 figure salaries and they're dumping EVERYTHING on this position. F all that.
So much news articles I read and I'm like "oh Josh is definitely going to do a video about this one"
I love when they use "termination", that makes everything sound like a bond villain, where people are "terminated" by his henchmen or something. I'm sure that's why that word is chosen, because it makes them feel powerful like the evil masterminds
Non competes are often unenforceable but they put it there for the threat.
Odds are that contract is unenforceable - having talked to a lawyer about similar contracts in the past these usually get thrown out immediately. What needs to happen is employers face fines or be shut down for trying these stunts.
Yep plenty of case law exists for this one.
My company made us sign this two weeks ago. They gave it to us on a Friday and expected us to sign it by Monday morning or we were gone, which is not enough time for a lawyer to read it. The contract contained the same stuff but we couldn’t work for a “competitor” for 100 miles in two cities. The contract even went as far as subjecting our “heirs” to it. One boy who just started was smart enough to not sign it because he had a lawyer in his family. Shame this is what work culture has become.
id go back in with that family member and sue just for doing that
that piece of paper has to be a violation on its own.....
heirs?...im not owned by them nor are my kids....im surprised they still have teeth in their mouths
@@kazzTrismus It was an obvious bully tactic from the start. Even HR said in private that somethings were unenforceable. Pathetic.
@@rachelcrawford9553 NEVER sign something that puts liability on your kids....ever....
or someone else not in the room also signing... i dont care what HR or anyone else says....indentured servitude was a thing...it will be again if you let them get used to the idea that people will sign that instead of beat them into a wheelchair
@@kazzTrismus Thankfully, I am just in marketing and not in the crosshairs of the property management owner. The sad thing is it is the norm in real estate. It's pathetic.
@@rachelcrawford9553 doesnt matter..no its not the norm...that person is threatening your kids.....let that sink in....
they are threatening your kids...
That’s not info I’d openly share to people anyway (idk I’m a private person) but being reprimanded for that is just control freak level. As is you having to give 2 week notice but they can give a one week.
HiJoshua you should really see if you can get a lawyer who specializes in employment law to appear on your TH-cam channel… one great resource is lawnerds
Never sign a non-compete. You’ll be surrendering your right to work elsewhere while your employer retains their right to unilaterally terminate you. You’ll effectively become a slave. The pay is never worth it.
Then you never work
@@screenarts Could have fooled me, pretty sure I’m working now. 😂
income non-disclosure? that is an absolutely normal condition of employment in australia.
as for multi-tasking, when i was being educated, we were taught and trained with the goal of each of us becoming specialists, knowing how to do only one job, but doing it very well.
enter the workforce, nope, thats not how it works. a forklift driver is also expected to be a dogman and a cleaner, a storeman is also expected to be a stock manager, middle-management is supposed to be responsible for discipline and budgeting. and owners/CEOs, theyre still out playing golf every day, and any females employed are sitting around flirting with the boss while the male employees "help" her (aka: do her entire job)
Thank you for this video.
I thought I was alone this whole time.
Two weeks vacation is federal minimum. 4% of our gross pay is paid out as vacation pay.
3:20 that clause is how it is in Alberta (right next door to Manitoba). One week notice after 90 days, two weeks after a year etc.
This goes both ways, but harsher penanalties when an employer does it.
When an employee does it all the business can do is withhold the last paycheque a few extra weeks.
3:46 nice! I didn't expect you to go that far for little ol Canada.
Even westerners don't even think of Sassykatchewan.
Cool, I like your video. Very informative that I need to be cautious whenever I get offer.
This brings back memories…. I applied for the position of Production Artist only to be told at the interview that I will be expected to:
- troubleshoot/build/maintain company website (Web Developer)
- build their brand and come up with marketing materials (Marketing)
- sell their service to clients ( Sales)
- answer phones and take walk in clients (Sales & Service)
- in charge of printer maintenance (printer Technician)
- design booklet/brochure/logos (Graphic Designer)
- keep an eye on their social media (Social Media Specialist)
- keep the place clean like taking out the garbage at the end of the day (Janitor)
All for the price of $25K
Oddly enough for the position of “Production Artist” I don’t actually do any product art… it’s like they don’t know what that is.
I think my jaw hit the table so hard I broke their table.
No I didn’t take their incredible once in a life time opportunity. I went back to my boring data entry job.
From Toronto Ontario
Found this online :
The Order goes on to stipulate that employers cannot discharge or otherwise discriminate against any employee or applicant because they have “inquired about, discussed, or disclosed compensation.”
Even prior to Obama’s 2014 Executive Order, Section 7 of the National Labor Relations Act (NLRA) prohibited employers from limiting employees’ activities related to “collective bargaining or other mutual aid or protection.” The National Labor Relations Board (NLRB), the body charged with enforcing the NLRA, has interpreted Section 7 to mean that employees have a right to discuss salary and wages. See, NLRB v. Brookshire Grocery Co., 919 F.2d 359 (5th Circuit, 1990). The NLRA applies to virtually all private-sector employers, only exempting federal, state, and local governments, employers subject to the Railway Labor Act, and those who only employ agricultural workers.
In a nutshell, the NLRA protects most employees’ right to discuss their salary, and President Obama’s executive order applied that same right to federal employees and contractors.
We need to start taking disciplinary action against employers.
I'm in construction with over a decade of experience, and I do not discuss my pay for a handful of reasons such as my pay fluctuates depending on what I do like operating machinery. My pay may be higher than others because of my skills, but when others see me doing the menial work like digging with a shovel to hauling wheelbarrows of concrete from time to time they overlook why I'm paid more and complain.
There's more honor in picking up a shovel when dirt needs shoveling than to be the guy who says, "That's not my job! I'm too important to do that now!" Sometimes you just do the thing even if it is below your pay grade. Fk those haters.
You doing great work my dude. Appreciate you
In Canada, this is a Federal Offence to do this, they can very easily be fined/charged for telling employees to do this...Also, anything in a contract that breaks Canadian Federal Employment laws, Voids the Contract.
Federal labour legislation generally covers federal employees or federally-regulated industries like banks and airlines. This crap company is regulated under provincial labour legislation. Jonathan was right to research Manitoba legislation.
@@legojenn In Canada, All Federal Laws Contermand any Provincial Laws/Contracts that are contradictory. I know this because my Father worked in Federal Management and educated me about my rights and privileges as a Canadian Citizen and Employee. I also took a whole course on contacts, I know how laws work in Canada. These Companies get away with these illegal contracts simply because people don't know their rights and/or do not defend themselves because that would "Rock the Boat". It is fear that they hope to exploit.
@@ZatoichiBattousai What specifically is federal management?
@@legojenn I am not here to explain to you what I already know, you want to know the laws, look them up yourself. It's all free to access online.
@@ZatoichiBattousai I don't think that you do.
Hey Joshua
Awesome vid! Just noticed a bit of a hair regarding the volume of the audio. Remaining top notch corporate ass kicking 💯👌
AT WILL EMPLOYMENT means you can fire me whenever you want, and I can leave whenever the f*ck I want.
I don't owe your Company shit, and you don't owe me shit. As long as I am employed with you, I do my job, f*cking pay me, and leave me the f*ck alone after work hours.
Big thumbs up @joshua Fluke 👍
This is normal in Czechia. Everybody has in their contract ban on discussing recompense. Something I feel should be made not just illegal and, frankly, fines based on company turnover. Say twenty percent turnover per case.
thank you for making this video
Thanks, Josh! You're making a huge difference in this world
Just signed on with a new employer in Security after moving to a new state with several years experience. Turns out they use "training wages" ie minimum wage for the first couplr of days, they take your uniform costs out of your first paycheck and then if you quit with less than two weeks notice they will convert your most recent paycheck back into minimum wage retroactively. Is that not retaliation? This is in Wisconsin for context.
I get $19/hr which for the local market isn't bad and I drive a nice patrol car with company gas card right out of the gate when they normally do not let new hires do that.
That’s in Canadian dollars. I can tell you it’s about 65%-70% of a USA salary (comparing CDN and USA dollars) and it’s super expensive to live in Canada. So that salary is peanuts for the expected duties.
It's good to have you back
It's also illegal in the USA to forbid employees from talking about wages.
This contract goes against your private rights which are enforced by a federal law from the Canadian gouvernement. They will not sue you if you quit for their competitor as they cannot prevent for working. I had some kind of the same contract in Quebec and when I left for a better they never sued me because that will not be taken by any court. And worse they could be severely penalized for this
Keep fighting the good fight!
It’s absolutely not a legal stipulation in Canada for a contract to not be allowed to disclose your salary to whomever you want. That’s just an overreach attempted by the company.
This has nothing to do with anything but I like your shirt Josh.
More on topic, these videos inspire me to continue being a freelancer. I simply cannot put up with this abusive corporate culture. No being a freelancer isn't the best thing in the world but it's perfect for me. If my clients act a fool I can fire them and I won't lose salary or sleep over it. Not always easy to walk away from a job, esp with contracts like this. Sometimes people sign w/o reading and then realize later they're in a bucket of crabs.
I actually like these videos a lot because they are educational.
I've been hired to work for a great company, probably making 20% then I would've, by following and listening to all these videos.
you're underpaid by 5x? what's to be proud of?
It's funny how many "small" businesses either don't know their laws or willfully ignore them and try this kinda crazy.
happened to me the year after the COOF lockdown. Got a new job, that needed people badly decent pay for the area and good bennies (comparatively in the area) everything went okay up until the summertime. One of the sectors had people working 7 days a week and we had people quitting or just taking a day off when they wanted. That forced the company to hire more temps, not a big deal. Only until we found out they were getting paid something like 6 dollars an hour MORE than the people that had been there for a year or more. I saw some of the paperwork that the people left laying around and it was against the rules to tell everyone else what they were making.
The Hired in people raised hell, threatened to unionize, and got a 2 buck raise for the entire plant after the company of the temps got let go. STill, plenty of grumbling around the plant as we still remember the bullshit of missing out on.... uhhhhhh I think I would have made like 2.3k or more in that 3 month period or something.
Not to defend the company, but temps sometimes get paid more money for a reason. As a permanent employee, you maybe (at least in Canada) get things like benefits, vacation days, sick days, etc. Your work is also guaranteed, long term. If they fire you, they have to probably give you severance so you have some degree of job security as well.
Temp workers don't get any of that. They don't get benefits, they don't get vacation days or sick days (usually they get paid something like 4% extra in lieu of), and they can be let go at any time for any reason. If it's a 6 month contract, maybe it gets renewed, maybe they get hired permanently, or maybe it doesn't get renewed and they are back to looking for work.
Temp work (in some industries) can be higher risk, higher reward, because you give up the security and benefits for some freedom (change contracts when you want, take days off without pay whenever, etc). I have worked for a temp agency, and it was not for me. I have friend who does temp work and makes an absolute killing on short-term contracts and loves it.
Hey man! Long time fan/lurker here. I'm on the border of Quebec/Ontario and lately in Quebec the idea of making salaries public is growing in popularity. Some private companies have been doing it preemptively and in Ontario we have this "sunshine list" where everyone working in the public sector making more than 100k a year is listed - but also some private organizations that benefit from public funds - such as universities (I worked at University of Ottawa).
Great video and observations!
Lol that is one of the crazy contract..Exactly as you said..That is far from normal.. I would not sign it ..only in dire need of money..and that could be still not the best decision..
I’ve worked for companies that claimed to give competitive pay but usually the same ones that won’t work with their employees and punish for discussing pay
thank you for sharing this video
Hey Josh, speaking of disclosing something or choosing not to my company threatened me this week with firing me because I was sexually harassed. So they wanted to fire ME because I was sexually harassed. 🤨
I've seen similar things happen before here in Canada as well. A higher-up brings in a lot of money and harasses or sexually harasses people, and they're afraid of losing all the money this person brings in, so they fire the person and offer them a significant severance package not to sue. Or they offer them nothing and hope they don't have any actual evidence. But they'd rather keep someone who brings in lots of money but does illegal activities, than keep the person who was harassed.
Btw, 3-month probationary periods are sadly the norm in Canada... :(
if a company wants you to sign a document that is against the law, if they terminate you for a violation of that contract it is unenforceable and subject to a lawsuit
Keep doing the great work!
Another classic job responsibility:
Other duties as assigned
Lol. The best is when you find out your coworker Who has the same job responsibilities as you, has been making $15-$20,000 more than you and you have been at that company for four more years.
Contract videos are my favourite. I’ve had some in the past with some funky terms but I don’t have the energy to put them in an email 🤣
Hi Josh. I live in Manitoba. There is no law here preventing the employer from firing an employee for discussing pay. However, unions are a different story where that wouldn't apply. Canada pretty much has at will employment like the US, unless the contract states otherwise.
I should also mention that the $57K is in Canadian dollars and so that's a bargain for the kind of work being asked for. This low-balling behaviour is far from uncommon in Manitoba though.
Last, but not least, the sketchy non-compete wouldn't stand up in court since in Canada a company can't unilaterally prevent someone from working. However, if there are numerous organizations in the same industry to work for in Manitoba then engaged clients within the past year would be off limits.
Our Federal Employment Laws Supersede any Provincial Laws, so it is Illegal for employers to restrict pay discussion anywhere in Canada.
Yep, some jobs in Canada make people work free overtime as "whatever it takes" attitude, but it is mostly crappy smaller companies that do it, unless you're on salary (and not hourly).
Large companies either do hourly wages (and overtime pays 1.5x your regular pay), or salaries with no OT pay, but in that case, they won't make you work OT unless there is some crazy deadline or something. At least, in my experience. Although those paying you hourly may try to overwork you.
But dang, those smaller companies are the ones who'll try to squeeze as much as possible out of you for low pay and no OT pay... they're the worst!
Non-competes are not exactly legal in Canada. And in provinces that allow them, courts strongly favour the employee, not the company
I worked for a company that had a non compete clause in the contract and it was actually the best thing ever for me for several reasons:
- they had keep paying me my full salary when I quit for the clause to take effect. Paying me my salary even one day late would void the non compete clause immediately (this did not happen)
- the clause was limited to companies in the country and the same field, I was allowed to work for oversea competitors unless they had a Japanese branch or companies in Japan if it was a different field.
- lastly, just talking about the non compete clause during interviews made companies much more interested in recruiting me
So basically after I quit, I took a long vacation, then I worked as a freelancer for foreign companies, and in less than a month I had several job offers lined up.
A friend of my father in law also had a non compete in his contract but in his case it was not limited to Japan and they paid him a lump sum of 3 years of salary for 1 year of non compete agreement. He spent his year working as a teacher (well, he quit after a few months because teaching in Japan sucks) and almost instantly found a new job when he started looking after the end of his non compete agreement.
Non compete can be the best thing ever if companies are only doing it to protect their valued production secrets and are willing to pay to protect those secrets. Non compete agreements are extremely common in Japan for R&D positions (that's a remnant of the 70's 80's, when Japanese electronic companies were still at the top) but by law, the employer has to compensate the worker and the worker actually has a right to refuse it so it's possible to negotiate very good terms and conditions.
I'm sure there are people in the 80's who got their salary paid until retirement just to prevent them from going to competitors.
Probably most of this garbage is not even enforceable
Had a job once that had virtually the same non compete clause. I want allowed to work for anyone in my field in the city I live for a year after I no longer work for them. Refused to sign unless they took it out. The whole time they were like "oh, that's just to scare people, we won't actually enforce it, etc." I kept refusing and eventually they took it out of the contract.
In Nova Scotia and Ontario, it only is it illegal to fire someone for talking about wages - it's illegal to even threaten to do so.
Not sure about Manitoba though.
Illegal.
No reprisal
10
An employer must not intimidate, dismiss or otherwise penalize an employee or threaten to do so because the employee has
(a) inquired with the employer about the employee's pay;
(b) disclosed the employee's pay to another employee;
(c) inquired about a pay audit report or information contained in a pay audit report;
(d) given information about the employer's compliance with this Act to the government or any other person; or
(e) asked the employer to comply with this Act.
An NDA written the way this one is worded would not really be enforceable in a court room.
Many of the agreement you sign upon hiring are not in compliance with state and federal law and exist simply to scare you into thinking these agreements are enforceable in court. They are NOT.
Don't over react or be frightened by these types of highering documents.
I've seen a number of jobs posted lately that are basically a mixed combination of several jobs. Especially a lot of technical and design jobs that for some odd reason need front facing customer service added to the description? These are not the same and shouldn't be and also weirdly justifies at least to them to pay you a customer service rep pay for technical and design jobs
10:36 uh.. That's Canadian. That's not a lot of money. Remember that in Canada half of our income goes to one tax or another and then the Canadian dollar is lower than the US dollar in top of that.
Very familiar with the non-compete bs & have seen all manner of variations in my prior line of work, including radius limitations & even longer periods.
Companies where I am (not US or Canada) in that industry fail to really ever enforce their non-competes, due to protection under law that states they can't prevent you from working in the same line of work, as it is likely to be the only line of work you are skilled in. If they steal clients, then that is a different story.
They still love to send their threatening letters though, in fact I worked with someone that left a global company and they then received a threatening letter, so they hung it on their wall, in appreciation of the fact that such a large company saw them, as 1 person, such a threat to their business!
I have no concern over employers wanting to prevent ex-employees from stealing their company secrets, poaching their customers etc - but trying to prevent them from working somewhere else in the same line of work should be illegal & employment contract templates should have to be externally audited (ideally).
It is in both parties interest that the contract is fair & legally enforceable, as otherwise someone is going to get screwed over at some point & it may just well be the employer that issued it!
Great video (as always), people need to be aware of these sorts of practices... I have seen some otherwise smart people, sign some really dumb contracts.
I can't be entirely certain on this point, but isn't a contract void if it asks you to agree to terms that are illegal?
This is, at minimum, a 250k a year job. Canadians are pretty smart, so honestly I cannot imagine people scrambling to work for this type of doodoo company.
I used to run a digital marketing agency. This is basically the CEO of a digital marketing agency for 57k
I'm from Manitoba but never done any kind of tech or office work. I'm willing to bet a good chunk of my oilfield salary that prohibiting your employees from discussing salary is illegal. Even if the new hire signs it, if they are later discovered to have talked about their salary and get fired for it, that employee will take their boss to the cleaners with a lawsuit.
People should always read anything before signing anything and ask questions especially at work.
Note for the pay, this is in Canadian pesos not US dollars, it's around 44k USD.
You usually don't get paid overtime in Canada if you are on salary.
Their non-compete is also illegal in Canada, it would not hold in court anyway (it's too long, the area is too big and it prevents the worker from earning a living) but a lot of businesses do it anyway.
Since when is the Canadian currency pesos? I think you may be a bit confused sir. Or... well, I won't go there.
@@kyraleese9884 Canada's currency is called dollar but it really is fake monopoly kind of dollar so canadians use different names for it to help others understand this is NOT real dollars. Similar to Australians calling their money (which is also called dollars) "dollarydoos"
Important point, was looking out if someone pointed it out, and you did! 57.5k is not 57.5k USD, its 44k, which makes this even worse of a deal. Only reprieve is this is Manitoba, which is a relatively cheap place. As far as I know, non-compete is legal in Ontario.
@@kyraleese9884 This is how you know the dude commenting is Canadian. Many Canadians refer to the currency as "pesos" to show how measly the salary/amount is when compared to American dollars. Generally in US, you make more money in raw numbers (up to 2x) and after conversion another ~30% more, which is INSANE. So Canadian salaries are American salaries divided by 2 and multiplied by 0.7.
@@johncam8420 non competes are legal but very difficult to enforce and most are written so vague and restrictive they get tossed out on their butts....they also basically do not exist in the eyes of the law for anything trade related or specialised....a web deveper cannot be restricted from being a web developer same for mechanic or carpenter and "sales" isnt considered precise enough