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Symbolic Butt
Mar 22, 2009

(_!_)
Buglord

heh

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Cold on a Cob
Feb 6, 2006

i've seen so much, i'm going blind
and i'm brain dead virtually

College Slice

Penisface posted:

thanks for the advice, i will ask them about this definitely and let’s see how it goes

the reason i am reluctant to pick a fight on this thing is that i am not an expert on Japanese law and there may be something in there which will side with the employer

in your regular professional business none of this stuff would be a surprise, but unfortunately my current job is a clown shoes operation run by dunning kruger phds who simply do not know anything about professional courtesy and everything that goes with it. japanese work culture is basically “make boss feel good” so they have had years to simmer in their own poo poo and the possibility that they may be doing things wrong is just inconceivable

so when i say i refuse the non compete i honestly believe they may get a lawyer or something and instead of just quitting a lovely job i have to spend my time money and energy dealing with this poo poo on and on and on

and just as a remark it’s not even a 100% Japanese company as 2/3 of the founders are foreign and so is half the workforce. i find myself often thinking that it can’t be real and i must be explaining it wrong

oh yeah, i forgot where you are

idk japanese law at all but even if they can somehow compel you to sign... this seems like something you'd ask in a "foreigners in japan" type forum?

i mean i'm sure we have our fair share of weeaboos here but we're going to have a pretty heavy western culture and law knowledge bias here

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER
I'm having trouble imagining any sort of legal system where one party could compel you to sign a "contract" where you give up valuable rights in exchange for nothing in return.

Notorious b.s.d.
Jan 25, 2003

by Reene
people itt talking about what a background check firm “needs” to provide fundamentally don’t get it

the employer is the paying customer, not the applicant. the background check people will provide anything and everything asked for, including your past aliases. your privacy is irrelevant and they don’t care how uncomfortable it is — you ain’t the one paying the bill.

most companies really only care about salary history and any relevant crimes (e.g. wire fraud, hacking charges, embezzlement) but they will dig up everything in that process

in other countries this poo poo is handled by government bureaus, to avoid the privacy nightmare, but this is the USA, so instead every employer rummages through your private life for fun



p.s. my last two (2) jobs, their background check firms demanded my freaking tax returns. that is public info in many countries but sensitive as hell in the u.s.

boy howdy was I pissed about it, but what was I gonna do? walk, after accepting an offer and resigning my prior job?

they have got you by the short and curlies and they know it

Notorious b.s.d.
Jan 25, 2003

by Reene

MononcQc posted:

Generally there would not be a problem with most things; checking employments or school history is hardly going to reveal your religion or sexual orientation, nor your medical background. However, communicating a name change (here's the past name of this person) is pretty much guaranteed to reveal their trans status. Trans people are generally a protected group, and even if you went with a super regressive vision where you treat it as a mental illness, you'd still be revealing medical information which would still not be right.

in the u.s., federally, neither your trans status nor sexual orientation nor health matters are protected

you can straight up say applications from homosexuals, cancer patients, and arachnophobics will not be considered, and there will be no consequences

some states have better protections but it is far from universal

Notorious b.s.d.
Jan 25, 2003

by Reene
as with all labor matters in the u.s., “it depends” but “you’re hosed” is a typical outcome

bob dobbs is dead
Oct 8, 2017

I love peeps
Nap Ghost

Notorious b.s.d. posted:

in the u.s., federally, neither your trans status nor sexual orientation nor health matters are protected

you can straight up say applications from homosexuals, cancer patients, and arachnophobics will not be considered, and there will be no consequences

some states have better protections but it is far from universal

i kinda assume most convos deal w/ california, which is a point of light in the darkness wrt that sorta thing

Notorious b.s.d.
Jan 25, 2003

by Reene

bob dobbs is dead posted:

i kinda assume most convos deal w/ california, which is a point of light in the darkness wrt that sorta thing

yeah California protections are expansive enough to sometimes actually make a difference

Notorious b.s.d.
Jan 25, 2003

by Reene
of course HR departments are happy to handle all kinds of protected class info by the time of the background check, so intrusive nonsense is still the norm there.

they know whether you are married, how many children you have, etc etc

MononcQc
May 29, 2007

maybe it's time for the US to become a developed country again

PokeJoe
Aug 24, 2004

hail cgatan


Yeah I don't see how even the most shallow of background checks wouldn't reveal something like marital status or age which are protected states in job terms but easily discoverable. I feel background checks probably shouldn't be legal at all on those grounds alone but America is a hell country where your employer is free to gently caress your eyes out for the most part.

Captain Foo
May 11, 2004

we vibin'
we slidin'
we breathin'
we dyin'

Notorious b.s.d. posted:

people itt talking about what a background check firm “needs” to provide fundamentally don’t get it

the employer is the paying customer, not the applicant. the background check people will provide anything and everything asked for, including your past aliases. your privacy is irrelevant and they don’t care how uncomfortable it is — you ain’t the one paying the bill.

most companies really only care about salary history and any relevant crimes (e.g. wire fraud, hacking charges, embezzlement) but they will dig up everything in that process

in other countries this poo poo is handled by government bureaus, to avoid the privacy nightmare, but this is the USA, so instead every employer rummages through your private life for fun



p.s. my last two (2) jobs, their background check firms demanded my freaking tax returns. that is public info in many countries but sensitive as hell in the u.s.

boy howdy was I pissed about it, but what was I gonna do? walk, after accepting an offer and resigning my prior job?

they have got you by the short and curlies and they know it

lol what the gently caress did they not tell you that they were doing a background check until after you accepted the job

redleader
Aug 18, 2005

Engage according to operational parameters
i just can't get over how much freedom you people in the usa have

4lokos basilisk
Jul 17, 2008


ShadowHawk posted:

I'm having trouble imagining any sort of legal system where one party could compel you to sign a "contract" where you give up valuable rights in exchange for nothing in return.

i think this happens in every legal system to an extent. probably in the states, you could point to plea bargains for someone being charged with everything humanly possible as an example.

particularly in japan my impression of the legal system is that what the law says and what people actually do are sometimes quite different. for instance, the law says everyone is entitled to N days of PTO per year, but people are often not spending that time because according to the unwritten laws of the work culture, taking days off is seen as a negative thing. so if you take too much PTO in the eyes of some rear end in a top hat manager, then no matter what the law says you are now instantly in trouble because you are obviously not hard working. this is how a firing happens in the permanent employment system too - unwanted people are psychologically pressured to just quit their jobs, because according to the contract you can only fire someone for maliciousness or when the company is in financial trouble or when the person is not doing their job properly (good luck proving that though).

right now i guess the company is half-threatening me to sign the non-compete or they will refuse to end my contract - i am 99% sure that the law says i can end the contract with 30 days notice without asking for anyone's permission, but in order to get the company to comply with the law, there is an opportunity cost of my time, energy and in the worst case lawyer fees. this can also gently caress up my next job if i now get tangled in this lengthy process and i am unable to start on the date i promised.

i got to see the document today - 2 years non compete in very vague terms, not even limiting it to a specific industry, just that i can not work in any company that competes with the current one. and no severance of course.

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

Penisface posted:

right now i guess the company is half-threatening me to sign the non-compete or they will refuse to end my contract - i am 99% sure that the law says i can end the contract with 30 days notice without asking for anyone's permission, but in order to get the company to comply with the law, there is an opportunity cost of my time, energy and in the worst case lawyer fees. this can also gently caress up my next job if i now get tangled in this lengthy process and i am unable to start on the date i promised.
You need to know just what position the law puts you in - for instance whether or not indentured servitude is legal in your country. That will affect if you can just quit a job.

Does your labor contract have penalties if you leave early? When does it end?

quote:

i got to see the document today - 2 years non compete in very vague terms, not even limiting it to a specific industry, just that i can not work in any company that competes with the current one. and no severance of course.
I suggest you do the research and maybe pay the 50 bucks to talk to a lawyer for a 30 minute initial consult.

redleader
Aug 18, 2005

Engage according to operational parameters
in the time you took to write that, you could have found an employment lawyer in japan and asked them about your situation

4lokos basilisk
Jul 17, 2008


it's year end holidays here at the moment so everything stops until next friday.

what i will do is first tell the company that i am not signing anything, and then if they still insist, i will find a lawyer. already sent an e-mail to the local embassy to see if they have any good contacts or experience resolving this.

thanks for the advice :)

Chalks
Sep 30, 2009

PCjr sidecar posted:

didn’t you just have an adventure in this thread where you didn’t know what you were talking about but kept talking

Yeah but this time I'm 100% covered by a disclaimer so it's all good

Tatsujin
Apr 26, 2004

:golgo:
EVERYONE EXCEPT THE HOT WOMEN
:golgo:

Penisface posted:

it's year end holidays here at the moment so everything stops until next friday.

what i will do is first tell the company that i am not signing anything, and then if they still insist, i will find a lawyer. already sent an e-mail to the local embassy to see if they have any good contacts or experience resolving this.

thanks for the advice :)

given the standard japanese advice of 'dont make a fuss', but at the same time being a foreigner they probably think that you don't know you're expected to just shut up and sign

karms
Jan 22, 2006

by Nyc_Tattoo
Yam Slacker

redleader posted:

i just can't get over how much freedom you people in the usa have

in a well actually
Jan 26, 2011

dude, you gotta end it on the rhyme

redleader posted:

i just can't get over how much freedom you people in the usa have

corporations are people, my friend

Arcteryx Anarchist
Sep 15, 2007

Fun Shoe
in fact one could say the better more free people

Cold on a Cob
Feb 6, 2006

i've seen so much, i'm going blind
and i'm brain dead virtually

College Slice

Notorious b.s.d. posted:

people itt talking about what a background check firm “needs” to provide fundamentally don’t get it

the employer is the paying customer, not the applicant. the background check people will provide anything and everything asked for, including your past aliases. your privacy is irrelevant and they don’t care how uncomfortable it is — you ain’t the one paying the bill.

most companies really only care about salary history and any relevant crimes (e.g. wire fraud, hacking charges, embezzlement) but they will dig up everything in that process

in other countries this poo poo is handled by government bureaus, to avoid the privacy nightmare, but this is the USA, so instead every employer rummages through your private life for fun



p.s. my last two (2) jobs, their background check firms demanded my freaking tax returns. that is public info in many countries but sensitive as hell in the u.s.

boy howdy was I pissed about it, but what was I gonna do? walk, after accepting an offer and resigning my prior job?

they have got you by the short and curlies and they know it

people aren't complaining because they think it's illegal, they are complaining because it SHOULD be illegal

hth

Mahatma Goonsay
Jun 6, 2007
Yum

Notorious b.s.d. posted:

ask for a few percent more

if they say no, ask for some extra vacation days

if they still say no, you were already happy, and you know you got the most they're gonna offer


i managed to negotiate myself a signing bonus. thanks everybody!

Progressive JPEG
Feb 19, 2003

Tatsujin posted:

given the standard japanese advice of 'dont make a fuss', but at the same time being a foreigner they probably think that you don't know you're expected to just shut up and sign

don't sign

Notorious b.s.d.
Jan 25, 2003

by Reene

Captain Foo posted:

lol what the gently caress did they not tell you that they were doing a background check until after you accepted the job

well my previous experiences with background checks did not include fun tricks like demanding tax returns

Arcsech
Aug 5, 2008

Mahatma Goonsay posted:

i managed to negotiate myself a signing bonus. thanks everybody!

hell yeah get that :10bux:, good job

Shaggar
Apr 26, 2006

Cold on a Cob posted:

people aren't complaining because they think it's illegal, they are complaining because it SHOULD be illegal

hth

again, they're legally mandated by the government so you'd need to also get rid of exclusion lists which is gonna be pretty hard.

Gazpacho
Jun 18, 2004

by Fluffdaddy
Slippery Tilde
it was my understanding that for japanese professionals there are no "next places"

Cold on a Cob
Feb 6, 2006

i've seen so much, i'm going blind
and i'm brain dead virtually

College Slice

Mahatma Goonsay posted:

i managed to negotiate myself a signing bonus. thanks everybody!

nice

Notorious b.s.d.
Jan 25, 2003

by Reene

Shaggar posted:

again, they're legally mandated by the government so you'd need to also get rid of exclusion lists which is gonna be pretty hard.

we can’t get rid of background checks but they could be less intrusive

if tax data were public instead of jealously guarded, or if criminal convictions were stored in a single database, life could be nicer

that won’t happen tho

Shaggar
Apr 26, 2006
also if we had national identifiers instead of a mix of names, dob, addresses, and improper & inconsistent use of SSN.

PIZZA.BAT
Nov 12, 2016


:cheers:


Notorious b.s.d. posted:

we can’t get rid of background checks but they could be less intrusive

if tax data were public instead of jealously guarded, or if criminal convictions were stored in a single database, life could be nicer

that won’t happen tho

MARK OF THE BEAST
MARK OF THE BEAST

PokeJoe
Aug 24, 2004

hail cgatan


While we're at it drug tests are just as bad. Unconstitutional as unreasonable search and seizure of my piss

JawnV6
Jul 4, 2004

So hot ...

Notorious b.s.d. posted:

people itt talking about what a background check firm “needs” to provide fundamentally don’t get it

the employer is the paying customer, not the applicant. the background check people will provide anything and everything asked for, including your past aliases. your privacy is irrelevant and they don’t care how uncomfortable it is — you ain’t the one paying the bill.

most companies really only care about salary history and any relevant crimes (e.g. wire fraud, hacking charges, embezzlement) but they will dig up everything in that process

in other countries this poo poo is handled by government bureaus, to avoid the privacy nightmare, but this is the USA, so instead every employer rummages through your private life for fun



p.s. my last two (2) jobs, their background check firms demanded my freaking tax returns. that is public info in many countries but sensitive as hell in the u.s.

boy howdy was I pissed about it, but what was I gonna do? walk, after accepting an offer and resigning my prior job?

they have got you by the short and curlies and they know it

as fun as it is to watch you blow right past an is/ought nuance with condescension right before talking about yet another unique pratfall only specific to your history,

ADINSX
Sep 9, 2003

Wanna run with my crew huh? Rule cyberspace and crunch numbers like I do?

JawnV6 posted:

as fun as it is to watch you blow right past an is/ought nuance with condescension right before talking about yet another unique pratfall only specific to your history,

Even better, being condescending while still supporting the other side of the argument. We know your future employer obviously wants to know everything they're legally allowed to know, thats why there should be a law that prevents background check companies from revealing certain information. That law could also specify standard forms for two organizations interacting with each other, lets say if a company did their background checks in house. When you call up the school and ask "did x person go there" then you get back a "yes/no" not the full transcripts (that contain the deadname)

You can bet if that check included information that would make a CIS white guy uncomfortable, like idk, the weird sex positions they're into that law would already exist.

Mahatma Goonsay
Jun 6, 2007
Yum
i guess i am going to get a background check for my job too. hopefully they don't find my posts!

Shaman Linavi
Apr 3, 2012

that was a legit fear while i was looking at dod jobs but lol at the feds taking 2 years to move their rear end. related im looking forward to being audited this year because i turned down a job with the irs due to how long they took to get back to me

qhat
Jul 6, 2015


Mahatma Goonsay posted:

i guess i am going to get a background check for my job too. hopefully they don't find my posts!

Too late, we'll be in touch

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Ciaphas
Nov 20, 2005

> BEWARE, COWARD :ovr:


that job i flunked at the interview for last week? they're still making recruiting posts for that position on job search sites

guess they didn't have another better candidate after all; rather incensed about that, not gonna lie

anyway given that i made it to the in-person interview stage, is there any point in asking for feedback or further communication with the company in question? ive been inclined to think no, since their response was a pat "click button to reject candidate" on greenhouse.io

Ciaphas fucked around with this message at 20:40 on Dec 28, 2018

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