Must I follow &quot;Compliment Policies&quot; if these are not in the contract? I am working for a company in the UK where I have undergone courses to help me improve my working skills. It is written in the &quot;Compliment Policies&quot; on the companies website that if I leave the job less than a year after finishing one of these courses that I must pay for the total cost of the course (around a month's salary). But in my contract nothing has been mentioned regarding &quot;Compliment Policies&quot;. Must I obey these policies, or because they are not stated in the contract I am allowed to leave the company without paying such cost? I am not a law student or a lawyer, but I know of no other place where to ask this question.
if you were made aware in advance and had the option of not taking the course, yes This is a collateral contract - a contract related to but functionally independent of your employment contract.
This should probably be handled under TUPE — The Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014. Those regulations apply to "a transfer of an undertaking, business or part of an undertaking or business situated immediately before the transfer in the United Kingdom to another person where there is a transfer of an economic entity which retains its identity" Broadly, there must be some consultation but you cannot be forced to change the terms of your contract to your material detriment (for example, the date of the month you are paid might change, but your work and salary would not). This consultation should establish that there is no material detriment (carry on reading here). Regulation 13 provides (2) Long enough before a relevant transfer to enable the employer of any affected employees to consult the appropriate representatives of any affected employees, the employer shall inform those representatives of— (a) the fact that the transfer is to take place, the date or proposed date of the transfer and the reasons for it; (b) the legal, economic and social implications of the transfer for any affected employees; (c) the measures which he envisages he will, in connection with the transfer, take in relation to any affected employees or, if he envisages that no measures will be so taken, that fact; and (d) if the employer is the transferor, the measures, in connection with the transfer, which he envisages the transferee will take in relation to any affected employees who will become employees of the transferee after the transfer by virtue of regulation 4 or, if he envisages that no measures will be so taken, that fact. (6) An employer of an affected employee who envisages that he will take measures in relation to an affected employee, in connection with the relevant transfer, shall consult the appropriate representatives of that employee with a view to seeking their agreement to the intended measures. If you refuse to accept the transfer you are deemed to have resigned (Regulation 4(8)), unless the "transfer involves or would involve a substantial change in working conditions to [your] material detriment", where you can be deemed to have been dismissed (Regulation 4(9)), and potentially unfairly dismissed. That would be for an Employment Tribunal to decide. But you cannot exit the successor company except in accord with your contract, including any notice period. The 2014 amended Regulations deal principally with the issue of redundancy after transfer, which is specifically allowed for "economic, technical or organisational reasons", such as the new company deciding to rationalise operations in a location 300 miles away from your normal base. In those circumstances you can be made redundant if you don't move with your job or accept redeployment. [This is what happened to me.] Note that every TUPE transfer is unique, and while yours will be subject to the Regulations, the wrinkles in your particular case (a) aren't present in your question and (b) will best be answered by a specialist employment lawyer, particularly as to whether any necessary changes to your contract are to your "material detriment".
It's a contract violation if you're under the EULA. It may be a contract of adhesion, but such "clickwrap" contracts been found to be acceptable and enforceable in software EULAs out of necessity. However, there may be some limits. If you're not under the EULA, as you argue, then you lack a license to use the software at all and it's an outright copyright violation and/or a theft or misappropriation of the software. Whether or not you can be sued depends in part on what you do with it — if you don't release the material or otherwise cause damages then there's not much to sue for... Added for clarification: to answer the framing question, supposing neither contract or copyright applied, one could be sued in tort or in equity (i.e. for unjust enrichment).
They can ask, but there is nothing in law - that I can find - which obligates an answer. (There may be some exceptions that require a previous employer to provide a reference which might include this detail, but that does not appear relevant here.) As an aside, there is an ongoing #EndSalaryHistory campaign by the Fawcett Society which is focused on equal pay and sexual equality in the workplace, and they are calling on employers to: stop asking salary history questions...
What does the contract say? When you signed on for these classes, you signed a contract. This will spell out each party’s rights and obligations. Since the rec centre drafted the contract it probably gives them the right to expel you and probably doesn’t require them to reimburse you if they do; but you would need to read it to be sure.
I infer from the use of the past tense &quot;worked&quot; that you no longer work for the company in question. Also, from the fact that you are wondering whether there might be negative consequences, I infer that you do not have permission to use the systems in question. The specific consequences will depend on where the company and its computers are located, as well as on the nature of the systems you log in to and on what you do with those systems, but it's certainly possible to receive a penalty of several years' imprisonment. The fact that you created the system in question makes no difference.
What legal options do I have here? It depends on how much you are owed. If it is less than $5000 (in a city court) you can sue them in small claims. If it is more than that, you'll have to sue them in a different court. Do I have a claim to salary if I quit? Yes, absolutely. You quitting does not relieve the business of its obligation to pay you for work you have already performed. In some states, they may also be required to pay you for accrued leave (sick/vacation time). You should not have to work for a company that does not pay you, we got rid of slavery a long time ago. I'm nearly positive I would not have a claim to the 100% discretionary bonus. Maybe, maybe not. This depends on your contract and what you've been told. If you were told (in writing) that you would be given $X amount for a bonus for work performed in 2018, the bonus may no longer be discretionary because the company obligated themselves to pay it via a promise. Bonuses may be harder to argue in court, but if you have sufficient documentation that you were promised this bonus then you may have a claim to it. If you do decide to go to court with this, gather up as much documentation as you can before quitting, print it out and save it to bring to court or to your lawyer. Make sure to get as much as possible, for example if it is an email, get the whole chain, as much of the headers as possible, etc. If you have voicemails, see if you can save them or record them for later. Do not wait too long, have a lawyer draft up a demand letter the moment you quit outlining exactly everything you are owed, including the bonus, vacation, sick days, etc. Deliver this via certified mail. Don't let them say "well we'll get you taken care of next week/month/pay day". There are statutes of limitations (I don't know what they are for NYC) but you should be making an effort to collect, not waiting on them. After you quit, they don't have an incentive to pay you anymore (even though they are legally obligated to).
http://www.thisismoney.co.uk/money/experts/article-1698485/Can-I-discuss-my-pay-with-colleagues.html In short, there are no laws prohibiting or rendering such contract clauses unenforceable, but an employer cannot rely on such a contractual clause to abrogate its obligations under the Equality Act 2010.