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  #61  
Old 12.07.2017, 18:46
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Re: Any advice would be appreciated

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They terminated the contract. You are not bound by any confidentiality clause anymore.
Doesn't matter. To a certain extent, confidentiality continues for both parties beyond the termination of a contract, independent of who terminated it.

Of course this confidentiality applies to "business-sensitive matters", even during employment. Not to the name of the company. If I work with UBS, I'm clearly not allowed to share with friends over a beer which client is doing what type of business, but am can tell them that I do indeed work with UBS.

OP is well allowed to mention the name of the school, contract or not. What are they gonna do, forbid her to ever mention that she got an offer from that school where she ended up not working at all and sue her if she does anyway? What an idiotic place that seems to be.
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  #62  
Old 12.07.2017, 19:25
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Re: Any advice would be appreciated

To the OP, I really would chalk it up to experience and consider it a narrow escape of near slavery.

I am looking at it from another angle, as a parent of a special needs child in such a school. What I know from direct experience with my child, I would consider this totally unacceptable, to the employee and also to the child and parents who are paying for special needs education and help. I know what I pay for this extra special needs education service, and if such a person was working with my child for that wage as a trainee, I would be outraged and removing my child from such institution immediately and possibly reporting it to some education oversight organisation.

In my child's school, they indeed employ teachers aides to help special needs children follow the curriculum, etc. but they are paid fairly and are not trainees nor interns. They are professionals with years of experience, education, training that allows them to help and educate special needs children. In no circumstance are their wages reduced and given forced group lodging. And I believe they all have proper health care as well.

I would also add that they do have interns that come to learn or train, but this is for a limited time, ie. few months, and always under the supervision of a professional, and they are there to train and get experience; not replace a full time worker.

So if you want to work in an international school in Switzerland with special needs children, rest assured, there are indeed decent law abiding institutions out there. If this is the type of work you want, I would however make sure you have the proper training, or alternatively look for an internship or true trainee role, not one disguised otherwise.

And like others, I see no reason why not to name and shame. The way they treated your termination was clearly as unprofessional as it gets, and you might save someone from sending their child to such an unsuitable institution. They obviously have no respect for educating special needs children and clearly should not be in that business in my view.
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  #63  
Old 12.07.2017, 20:06
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Re: Any advice would be appreciated

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Doesn't matter. To a certain extent, confidentiality continues for both parties beyond the termination of a contract, independent of who terminated it.

Of course this confidentiality applies to "business-sensitive matters", even during employment. Not to the name of the company. If I work with UBS, I'm clearly not allowed to share with friends over a beer which client is doing what type of business, but am can tell them that I do indeed work with UBS.

OP is well allowed to mention the name of the school, contract or not. What are they gonna do, forbid her to ever mention that she got an offer from that school where she ended up not working at all and sue her if she does anyway? What an idiotic place that seems to be.
Yes, of course are there binding contact clauses that go over the term of it. Does not apply to this case and since they terminated are there hardly any bridges left not to burn...
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Old 13.07.2017, 12:49
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Re: Any advice would be appreciated

Al this talk about confidentiality is very nice, but i only read that OP received an offer, and that OP already said he/she would not take it.

So he/she never signed a contract in my understanding which means she is by no way to be held for what's in the contract, off course it's not allowed to spread blatant rubbish, but he/she is completely free to discuss the contract inhere and also to state which school it was, and to talk about the contact moments and such, and absolutely nothing they can do about it.
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Old 13.07.2017, 13:20
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Re: Any advice would be appreciated

DO NOT POST the name of the school. You signed the contract and most likely the confidentiality clause will survive the termination of the contract (by which ever party) by at least 2 years or more. It is called a survival clause and present in every single contract (as a law grad you must know this). Also, without knowing what sort of information was covered under the definition of Confidential Information, no one can be sure that it did not include information about the school, the style of teaching anything, your salary (most likely), your accomodation information (may be). Since you have already revealed some information, any identifiable information will set that school with vast resources, behind you. Just DONT.
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  #66  
Old 13.07.2017, 14:08
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Re: Any advice would be appreciated

school in switzerland, op in uk. yes - I'm sure the school will sue
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  #67  
Old 13.07.2017, 14:10
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Re: Any advice would be appreciated

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DO NOT POST the name of the school. You signed the contract and most likely the confidentiality clause will survive the termination of the contract (by which ever party) by at least 2 years or more. It is called a survival clause and present in every single contract (as a law grad you must know this). Also, without knowing what sort of information was covered under the definition of Confidential Information, no one can be sure that it did not include information about the school, the style of teaching anything, your salary (most likely), your accomodation information (may be). Since you have already revealed some information, any identifiable information will set that school with vast resources, behind you. Just DONT.
Paranoid much?
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Old 13.07.2017, 15:11
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Re: Any advice would be appreciated

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DO NOT POST the name of the school. You signed the contract and most likely the confidentiality clause will survive the termination of the contract (by which ever party) by at least 2 years or more. It is called a survival clause and present in every single contract (as a law grad you must know this). Also, without knowing what sort of information was covered under the definition of Confidential Information, no one can be sure that it did not include information about the school, the style of teaching anything, your salary (most likely), your accomodation information (may be). Since you have already revealed some information, any identifiable information will set that school with vast resources, behind you. Just DONT.
I'm not sure the OP ever signed the contract (unless I missed it), he/she described it as "an offer". No signature, no legally-binding contract.
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Old 13.07.2017, 15:13
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Re: Any advice would be appreciated

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I'm not sure the OP ever signed the contract (unless I missed it), he/she described it as "an offer". No signature, no legally-binding contract.
Signed a privacy clause, or similar, after phone interview.
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Old 13.07.2017, 15:28
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Re: Any advice would be appreciated

Again, irrelevant.

The name of the company does not fall under a "confidentiality" agreement.
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Old 13.07.2017, 15:40
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Re: Any advice would be appreciated

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Again, irrelevant.

The name of the company does not fall under a "confidentiality" agreement.
If it would a lot of People on this forum better have some spare money in a sock for when their employers start browsing inhere
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  #72  
Old 13.07.2017, 16:24
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Re: Any advice would be appreciated

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Paranoid much?
Part and parcel of being a lawyer . If you ever see a non paranoid lawyer, never ever take services from them.
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Old 13.07.2017, 16:29
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Re: Any advice would be appreciated

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Again, irrelevant.

The name of the company does not fall under a "confidentiality" agreement.
No it might not. It might also have a restriction that unless the person joins, the name will remain confidential. The salary description is definitely confidential information and by revealing the school name, she has breached her confidentiality clause re that! So, there you go!
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Old 13.07.2017, 16:44
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Re: Any advice would be appreciated

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school in switzerland, op in uk. yes - I'm sure the school will sue
Do you know exactly how Swiss court systems work? I don't. But in many jurisdictions, it will work as follows:
1. School brings an action against OP in a Swiss court;
2. Court Documents are publicly searcheable records;
3. OP finds a job in Switzerland;
4. Someone runs a background check on her including legal checks;
5. The case shows up;
6. OP is immediately rejected as she has breached the confidentiality agreement with another employer.

Is this a risk worth taking? Really?
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  #75  
Old 13.07.2017, 16:49
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Re: Any advice would be appreciated

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Do you know exactly how Swiss court systems work? I don't. But in many jurisdictions, it will work as follows:
1. School brings an action against OP in a Swiss court;
2. Court Documents are publicly searcheable records;
3. OP finds a job in Switzerland;
4. Someone runs a background check on her including legal checks;
5. The case shows up;
6. OP is immediately rejected as she has breached the confidentiality agreement with another employer.

Is this a risk worth taking? Really?
they wouldn't pay her a decent wage or health cover, so sure, they are going to hire a lawyer and sue her, happens every day

Oh wait
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Old 13.07.2017, 16:56
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Re: Any advice would be appreciated

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Do you know exactly how Swiss court systems work? I don't.
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Old 13.07.2017, 16:59
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Re: Any advice would be appreciated

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they wouldn't pay her a decent wage or health cover, so sure, they are going to hire a lawyer and sue her, happens every day

Oh wait
They might. If their reputation is damaged (real or perceived), they might. I can't roll my eyes any further. But yeah, be as foolhardy as you can. Because who goes to court anyway...
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Old 13.07.2017, 17:00
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Re: Any advice would be appreciated

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No it might not. It might also have a restriction that unless the person joins, the name will remain confidential. The salary description is definitely confidential information and by revealing the school name, she has breached her confidentiality clause re that! So, there you go!
So, what school do you work for again?

Tom
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  #79  
Old 13.07.2017, 17:03
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Re: Any advice would be appreciated

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Do you know exactly how Swiss court systems work? I don't. But in many jurisdictions, it will work as follows:
1. School brings an action against OP in a Swiss court;
2. Court Documents are publicly searcheable records;
3. OP finds a job in Switzerland;
4. Someone runs a background check on her including legal checks;
5. The case shows up;
6. OP is immediately rejected as she has breached the confidentiality agreement with another employer.

Is this a risk worth taking? Really?
Yes, clearly you do not.

This is like the many people screaming here "can I sue for illegal termination/termination due to discrimination/whatever". Well you can try for sure. Good luck with it. Let us know how it goes.

You think OP is not allowed to post a name of a school here or even so much as mention it to anyone, publicly or not, because she is obliged to not disclose the name by some "confidentiality agreement"? She cannot talk about the salary because "confidential" and disclosing it would be illegal? Lol.

Well no idea in what country this would be illegal (?) - it certainly isn't here. We'd have a hell of a lot of suing to do given at least 5 threads are opened here per week, starting with "I was offered CHF XYZ at a major financial/pharmaceutical/whatever institution in Zurich/Basel/wherever". Or ever heard of glassdoor? Think those posters are being sued on a regular basis? Hardly.

Your outlined "process" above is as ridiculous as it can get. Chances of that happening are exactly 0%.
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Old 13.07.2017, 17:05
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Re: Any advice would be appreciated

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They might. If their reputation is damaged (real or perceived), they might. I can't roll my eyes any further. But yeah, be as foolhardy as you can. Because who goes to court anyway...
can you post up the name of the law firm you work for, just so I can make sure I avoid them like the plague if i'm ever in need of counsel.
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