Dutch employee won the case after getting fired for keeping his webcam off
Telemarketer cashed in $75,000 as a settlement
A remote Durch employee worked for the Rijswijk branch of Chetu Inc., a software development company headquartered in Miramar, Florida.
Working in the telemarketing division, together with bonuses, allowances and other one-offs, the employer was making roughly 70,000 EUR per year. He had been working for Chetu Inc. already for a year and a half, when he was asked to take part in a virtual training period called a “Corrective Action Program.” This program required the person to be logged on the entire day, and in addition to that – he was asked to leave his webcam on for the entire 9 hours.
The employee responded saying he didn’t feel comfortable being monitored for nine hours a day by a camera.
According to the court ruling, the employer hadn’t made clear the basis on which it has decided to sack the employee. In the same vein, it was argued that the Dutch employee hadn’t made any work-related errors, or slacked during work. The company hadn’t previously asked to do that, nor was this policy clearly discussed at the moment of hiring.
As a result, it is possible to conclude that requesting the employee to leave his camera on can be perceived as an intrusion into personal space. So the court ruled that the worker had to be awarded roughly 75,000 euro for wrongful termination.
According to the ruling, Chetu Inc. had to pay over 2,700 euro in unpaid salary, 8,375 euro for wrongful termination, 9,500 euros in worker transition assistance, and 50,000 euro in additional compensation. On top of that, the company has to pay the dismissed worker for 23 vacation days that were not taken, the 8 percent statutory holiday allowance, and possibly an additional penalty for failure to provide a payslip for August. Chetu also has to cover about 585 euros for court filing costs, plaintiff’s legal fees and interest fees for late payment.
