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I 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 is
by cryptonector 8y ago
I 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.