4 ms·
The problem is that you need permission. Whether the approval is usually given is irrelevant, what matters is whether they have the option to refuse. Think abo
by zAy0LfpBZLC8mAC 8y ago
The problem is that you need permission. Whether the approval is usually given is irrelevant, what matters is whether they have the option to refuse.
Think about it like this: What would be the problem with the employment contract saying that salary can be decided by the company at will if they usually paid a certain acceptable sum every month?
- cryptonector 8y agoI tried to distinguish "shall issue" from "may issue". A "you must let us know [so we can possibly refuse]" policy and a "you must ask permission [that will issue if there is no conflict]" policy are indistinguishable. A "you must ask permission and we reserve the right to say no no matter what" policy is terrible, and I'd not work under such a policy.
- zAy0LfpBZLC8mAC 8y agoBut the point is that it's not a question of probabilities, but of whether they are contractually obligated to issue approval unless specific conditions are met, so an implicit "[that will issue if there is no conflict]" is not acceptable IMO. There have to be specific rules for when they may refuse approval, so you can ask an independent judge to make a decision if you think the employer is partial in its decision.
- cryptonector 8y ago"shall issue" and "may issue" are terms of art.