Tag Archives: employment contracts

Symptom tracking app required for employment

Nearly half a million people in one county are being required to download a COVID-19 symptom tracking app or use other means of daily reporting symptoms before the government will allow them to return to work. These restrictions are coming from the Health Officer in Sonoma County, CA.

Sick people should stay home. But I have deep concerns about the government inserting itself into the employee/employer relationship—and even more problems with the government using technology to control who can and cannot work. I see significant risk for abuse of power through the use of this technology.

Do you trust government leaders like those in Seattle and elsewhere to protect you and have your best interest in mind?

We have seen damaging policies originate before in California and then spread across America. We need to stop this power grab and fight for freedom. Let this health official, our governors, and legislators know that COVID-19 tracking must be voluntary, not mandatory. – Mat

In Sonoma County, CA, the Health Officer is calling the shots. She decides when you can go to church or get your hair cut. Public Health Officer Dr. Sundari Mase started in her role as an interim leader just three months ago. She immediately started controlling the entire county through stay-at-home orders and received a 30+ percent pay increase for her role in putting small businesses out of business.

In addition, Sonoma Co. paid IBM 160,000 dollars to create this app to check and track people. This is a case in point of what I have been warning you about. This app is “voluntary”—unless you want to go to work, that is. Then it suddenly becomes mandatory.

The county requires that this app/web system be used by anyone that wants to go to work. The launch date was originally June 1, but that date has been pushed back due to problems rolling out the app.

The Sonoma Index-Tribune reported, “business owners have expressed little to no opposition to the requirement to this point.” Many people in California are blind to the huge problems this app could create. It forces adults to act like children getting their hall pass from the government to be able to go to work.

Now is the time to fight against this unconstitutional power grab and remind our elected officials all across America that they are public servants and not kings to order us around. Send your fax to this health official’s office and to our elected officials to publicly oppose this mandatory app.

This county has just one of the many apps that are already developed. There are eight more apps that are being pushed by local governors, such as CovidSafe in Washington, HealthyTogether in Utah, and Care19 in North and South Dakota, just to name a few.

In addition, there are other shocking COVID-19 apps, such as CarePassport, which describes itself as a “universal patient engagement platform” that can monitor vital signs through devices like a FitBit and then shares those vital signs with “the facility physicians” with no mention of privacy or control or restrictions.

Another app with privacy concerns is Corona Care, through which doctors register their patients with a special QR code. It works with FitBit and sends automatic notices to the doctor about a person’s health status. It will “track if individuals have moved from low- to high-risk groups” and automatically alert the hospital of this—again, with no notice of privacy. In addition, this app pushes those with the app to the front of the line and encourages doctors to “categorize” patients based on the app.

These apps are taking away freedom and destroying privacy. This app was built by Harvard Medical and Mass General Hospital. They are setting up a situation where medical treatment could be given to those who have the app as a higher priority than those who have not downloaded it yet.

Do you really want your local hospital knowing every time your heart beats a little faster? It is time to stop these plans to destroy your medical privacy, personal privacy, and liberty. Let our nation’s leaders know that patriots will not stand for this by sending a fax for freedom.

Liberty Counsel Action is leading the national conversation about privacy and liberty in this steady attack against your freedom. We are doing research and digging up the truth, even when few are talking about it. We completely rely on donations to carry on this mission. Your financial support is the only reason we can continue to expose this attack on your freedom. Will you keep us in the fight with your donation today?

Thank you for your concern and support. This is one of the most intense times of battle that our organization has ever faced. I’m proud to be on a team with you facing down these well-funded giants’ intent on destroying liberty in America.

Sincerely,

Chairman

P.S. Government officials are exerting a shocking level of control over Americans. I need your help to act quickly and fight against this county from requiring a “hall-pass” type of app to be able to go to work.

If we ignore this, it could easily spread from one community and spill out of California into the rest of the country. Now is the moment to rise up to demand that our God-given liberties enshrined in the Constitution outlast our generation. Send a fax demanding that politicians stop this power grab. And then sign our petition straight to the White House.

Please know that our team is praying for you and the work God is doing in your life. If you can support Liberty Counsel Action with a donation of any size today, we would deeply appreciate your partnership with us. God bless you.

Legalese: Employment Contracts vs At Will Contracts Part I

In this world, we have two kinds of contracts, invisible contracts; those that somehow we have with governments (there are no paper trails and because they say so) and the paper contracts, those in which we have at least two parties agreeing to terms and conditions written on a piece of paper.

For the purpose of this article, we will refer to Employer or Company and Employee or consultants or freelancer moving forward.

the typed contracts were full of confusing legalese

So what happens when a party violates the terms of a contract to which they’ve agreed to?

Before we can answer that question, we will need to understand the legalese or legal language used and the different clauses that appear on each contract.

Trial Period / Probation Period Clauses

This clause may have something similar to:

***This agreement is subject to a trial period of 1 month.****

***The First Six (6) months of the employment contract shall be deemed a ‘probation period’. During this probational period each party of the contract shall be entitled to terminate the contract within 30 days notice to the other party.***

This clause should be pretty easy to understand. The company wants to have at least 30 days to up to 60 days to decide whether they want to keep the new employee and be able to terminate such employment contract within the specify time. If the employer does not terminate the contract within the 6 months, the contract is fully enforceable and only via court order or mutual agreement with the employee can this contract be terminated.

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At Will – Only applicable to the United States.

Many of us who has worked and lived in the USA have seen the so called ‘at will’ contracts.

At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish “just cause” for termination), and without warning. -Wikipedia

Such a clause may read as follow:

***Employment at ABC Corporation is “at-will.” This means that you may resign at any time, for any reason or for no reason, or with or without notice. Similarly, ABC Corporation may terminate your employment at any time for any reason or for no reason, with or without notice. This offer letter is not a contract of employment for any purpose or duration. ABC Corporation reserves the right to change its policies and procedures, with the exception of its “at-will”
policy, at any time, with or without notice.***

Example 2 – At Will Clause

***Employee acknowledges that the employment relationship created by this agreement is at will and is, to the extent set forth in this agreement, temporary in nature and can be terminated at any time by Company for any reason whatsoever.***

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Termination Clause

While most At-Will contract clearly specifies that a contract can be terminated with or without reason and at any time, most employment contracts provide a clear end date.

For temporary and limited short-term contracts, there should be an end-date, for example:

***This agreement shall continue in force from the dd Month year until the dd Month year or until earlier terminated in accordance with this agreement.***

Example 2:  Common in Employment contracts

The project agreement is entered into for a fixed term and is valid for the duration of 6 months and therefore ends automatically and by operation of law, without written termination being necessary for that purpose, on <end date>.

***Either party can immediately end the employment, without a termination period and without regard to the conditions regarding termination in the event of an urgent reason, as stated in articles <xxxx> and <xxx> of the Country Civil Code.***

***The employment contract will end on the last day of the month prior to the month in which the employee reaches the retirement age.***

On part II, we will cover the confidentiality agreement clause, and some other benefits clauses added to the employment contract like bonus, relocation, job responsibilities, competing clauses, and more.

Conclusion:

Most Europeans have what we called ‘Employment Contracts’ whereas Americans have ‘At Will’ contracts. The main differences between having an European contract versus an American contract are: stability (notice period is a must) and financial compensation (severance package equals one month salary for every year you worked for the company). Usually, an employer or employee must give 3 months notice before terminating the employment contract. Americans can be terminated the same day they report to work without notice. In the other hand, Americans make more money. For example, a clinical programmer for a pharmaceutical industry could make over 80,000/year salary depend upon experience while someone from the UK will be making less than 50,000 pounds or an EU employee less than 70,000 euros/year.

Americans make the money up front which means Americans should be saving on average one month salary per year while Europeans will receive a final check , usually one month salary for every year they have worked for the company, as part of their exit package or termination of employment also knowns as ‘severance payment’.

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