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by Leherenn 1152 days ago
I have never understood this "slavery" argument. It's not enslavement, it's fulfilling a contract. They won't put you in jail if you don't show up, you're simply in breach of contract.

It's like if you're a freelance and you accept a project. They can't force you to work on the project until completed, but they can certainly levy financial penalties against you if you don't.

1 comments

> They can't force you to work on the project until completed, but they can certainly levy financial penalties against you if you don't.

There are very few circumstances in the US in which an employer can do that. It is considered wage theft, which in many states is a criminal offense that pierces the corporate veil. If you worked hours you get paid for those hours and the company can't avoid paying you (with fees or whatnot).

If you are forced to work because if you don't then you will be fined for breach of contract, then that is indentured servitude with extra steps. That is illegal everywhere in the US after the 13th amendment. That's why in the US employment contracts are generally enforced with rewards (aka golden handcuffs) rather than punishments.

Does that mean that any contracted work is indentured servitude? That sounds really broad. If I hire you to build a website, and you bail out halfway through and the liquidated damage clause kicks in, I don't think that makes you my indentured servant.

I was most likely confusing with "financial penalties", mostly it means not paying you after you stop working, and in some specific circumstances you can sue for damages. They can't fine you.

There generally aren’t financial penalties of any sort in those cases, except that you just don’t get paid the full potential value of the contract. You are generally paid hourly for the work that you do in a freelance gig (if it is an hourly contract) and paid a bonus on completion. If you fail to complete there is no bonus. Or in the case of a fixed price contract you are given a small amount upfront, and the full payment upon completion. You are never penalized for breaking contract—-you just don’t get paid the final amount.