Fine in contract Thread poster: Valentyna Pidlisna
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How do you treat a contractual fine 2,000 $ for information leak stated in your working contract? Is it a normal practice? I've never experinced it before.. Thank you )
| | | | expressisverbis
Portugal
Local time: 00:11
Member (2015)
English to Portuguese
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Some contracts have penalty clauses.
The first thing to do is to clarify the facts.
Have you signed a contract with such a penalty clause?
If you did, what does it say, more precisely?
Is the contract still in force?
Did you leak information in such a way that it could trigger the penalty clause?
If you did, was it voluntary or an accident or something else? Was it information that can reasonably be considered confide... See more Some contracts have penalty clauses.
The first thing to do is to clarify the facts.
Have you signed a contract with such a penalty clause?
If you did, what does it say, more precisely?
Is the contract still in force?
Did you leak information in such a way that it could trigger the penalty clause?
If you did, was it voluntary or an accident or something else? Was it information that can reasonably be considered confidential?
Are you certain that it is a known client of yours that is claiming this and not an imposter using a bogus email address such as (fictional name) [email protected]? A scammer could have seen in the Blue Board or elsewhere that you have worked for a given company and then pretend to represent that company. Can you find the IP address the email was sent from, and does it match the location of the claimed company? (You can look it up in the headers/properties.)
It's rare that an agency demands a penalty, but it could happen.
If all the fingers point to you and you didn't do this for the purpose of causing harm, I wonder if they couldn't show a bit of humanity, given the particular situation where you are.
PS: Maybe you're just reading through a proposed contract. I first understood that a company was claiming $2,000. If the penalty is limited to $2,000, you could consider accepting it if the conditions are otherwise reasonable and the company has a good reputation. The highest penalty clause I have accepted was €1,200 for grabbing the agency's clients. I consider the risk of doing that extremely low.
[Edited at 2022-05-02 21:54 GMT] ▲ Collapse
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I either don’t sign it or if I happen to be interested in working with that particular client or in that project, I tell them which parts of the NDA I don’t agree with (I must say though that I only managed once to have those parts deleted). On another occasion I crossed out one paragraph I didn’t agree with and signed the NDA. A few months later after I had worked on several projects, they asked me why (apparently, they hadn’t noticed…), I am still working with them…
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| Do you know ... | May 3, 2022 |
Valentyna Pidlisna wrote:
How do you treat a contractual fine 2,000 $ for information leak stated in your working contract? Is it a normal practice? I've never experinced it before.. Thank you )
... which jurisdiction shall be applicable and how the claim can be enforced, when their registered office is outside the country you are a (legal) resident of?
[Bearbeitet am 2022-05-03 08:42 GMT]
| | | | Samuel Murray 
Netherlands
Local time: 01:11
Member (2006)
English to Afrikaans
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Valentyna Pidlisna wrote:
How do you treat a contractual fine 2,000 $ for information leak stated in your working contract? Is it a normal practice?
I've seen fines in translator contracts before. I prefer not to sign such deals.
| | | | Valentyna Pidlisna
United Kingdom
Local time: 00:11
English to Ukrainian
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TOPIC STARTER
Thank you everyone for clarifying. I’m at the beginning of translator’s way. So everything looks suspicious at the moment ). I haven’t signed the contract yet, and it’s very unlikely I’ll sign it. Besides penalties there are enough of other tough conditions. But good to have this experience and your support.
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