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You are entitled to your opinion, but I know a lot more about than you seem to think. He hasn't got a leg to stand on. Talk to me about your legal education regarding the 1st Amendment and consequences for a person's words and action that are not illegal discrimination.
You seem to forget your emoployer also has rights, your rights don't trump theirs at least in the US.
 
You can pretty much be guaranteed the contract is legal and has already been tested in court. Do you really think this is the first time Apple has faced this situation with an employee? It isn't.
No it isn't but I think this is probably the first time we have seen this specific type of court complaint raised by an employee.

Employee's should be allowed to talk to other people about work place issues, provided it is done in a polite and constructive manner. No employer should be able to have it written in an employment contract that they will hire a person on the proviso that the person does not talk to anyone else about their job, their job title, their job responsibilities and any work place issues they may have because that is a kin to blackmail 'You can have the job as long as you do not disclose anything about your job position or work place issues to others'.
 
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No it isn't but I think this is probably the first time we have seen this specific type of court complaint raised by an employee.

Employee's should be allowed to talk to other people about work place issues, provided it is done in a polite and constructive manner. No employer should be able to have it written in an employment contract that they will hire a person on the proviso that the person does not talk to anyone else about their job, their job title, their job responsibilities and any work place issues they may have because that is a kin to blackmail 'You can have the job as long as you do not disclose anything about your job position or work place issues to others'.
He says that Apple's policies prevent employees from adequately describing their job responsibilities, accomplishments, and professional growth on sites like LinkedIn, hindering their ability to find employment.

Further, Bhakta claims that Apple employees are prohibited from disclosing the skills, knowledge, and experience they gained at Apple when working for a subsequent employer, plus they are not allowed to speak with each other or outsiders about problems at work like harassment, discrimination, or unfair treatment.

You can't talk about anything that is covered by an NDA, posting on social media isn't private and Harassment, treatment issues should only be discussed with your manager, HR or a Lawyer.
 
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I've never worked anywhere with such draconian, dehumanizing and human rights violating policies, in over 40 years of employment. But, I don't work in the USA, so companies have to legally treat us like humans and aren't allowed to spy on us.

The allegation is that Apple is spying. It hasn’t been proven.

If you use a company device or company resources and services what you do is property of the company. It has to be thus, otherwise the company does not own your work product or have authority over its own capital. Without ownership, it cannot institute policies and procedures for internal accountability and insure all legal requirements are met.

This guy’s problem is that he was presented with a choice: Use company devices and company resources, or use his own personal ones. If personal resources are used, personal activity becomes co-mingled with company-owned activity. The only way to be able to distinguish between the two so that state, federal, and shareholder duties can be discharged is to look at everything.

Apple should require everyone use a company device to avoid this. I suspect if they did that, then people would complain about not being able to use their personal resources. Employees should never use personal devices for work purposes.

I expect that is isn't the tools, but that he was forced to use his personal iCloud account for work and thus put it under control of Apple

I have close relatives who work for Apple, so I have some insight to this. He wasn’t forced. He was given the option and had to sign paperwork acknowledging that if he used his personal devices that Apple would have access to his personal information. I’ve no doubt that he feels it was not fully explained to him before he made his decision. He may have even been told that “it’s okay to use your personal phone” or “just used your AppleID”. But he was given paperwork that explained everything in detail. If he didn’t read it, then I don’t think it is fair to blame Apple for his lack of diligence.

When I worked for Google, I was given this same option and I chose to use work devices for work. I didn’t even add my work email to my personal devices because I didn’t want my stuff co-mingled with theirs. That’s just asking for trouble. Yes, when I traveled for Google, I wound up carry two laptops, theirs and mine. I didn’t think it an unreasonable inconvenience to preserve my firewall.

I would have taken the company device and the company iCloud account, thanks all the same. But that they are monitoring his private communications on his private device on his own time would be illegal here, in Europe.

I understand in European countries people work set hours and it may be able to distinguish between work and personal actions by time of day. The laws don’t work that way in the US for exempt employees, especially in the Silicon Valley where people will work at the office in the day and from home in the evening. It isn’t unknown for people to receive work emails throughout the night or to have a boss who will expect a response at 3am (especially in a start up).

If he was using a company device for private communications, that is a different matter, the company owns the device and the data on it - one of the reasons why I have a company phone and laptop and we have a company policy of no private data on company devices and no company data on private devices.

You are smart to keep your personal and work stuff separate. That’s the policy I have tried to follow in my career also. This guy had the choice to do the same. He choose to use his personal devices and personal AppleID. He signed agreements giving Apple access to his devices.

Also, if I am stressed at work, I can vent with my friends and there is nothing my employer can do about it, unless it is defamation. Likewise, they can't tell me not to fill out my profile on LinkedIn (or Xing, here in Germany) with my job title and what skills I have - if I am working on secret projects that are covered by an NDA, then I couldn't put that in there, but something like "Xcode developer working on iOS core system services," would be acceptable. Similarly, my employer cannot legally stop me posting reviews on sites like Kanunu or Glass Door.

Anyone non-anonymously posting unflattering things about where they work should expect their company will be upset with them. It is pretty hard to complain about your boss in public without giving information about the company which can be used by a competitor. If nothing else, you are telling competitors about inefficiencies in your project area and perhaps even letting them know that employees may be easily poached from that area, leading to project disruptions.

So, I don't see that he is that out of order. The "mistake" of saying he would use his private device was silly, but the draconian spying by the employer is certainly out of order.

There is no proof of Draconian spying. There is only an allegation filed by an attorney.
 
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I know a bunch of people that work for Apple in different locations. If you don't want your personal phone under lock and key, get the business phone. Apple doesn't force you to use your personal device, but if you chose to use it for work, they lock it down. Same thing at my work place. Sensitive company info can be found on phones that aren't properly secured so they offer a work phone option.
 
I see one issue here: Apple able to search Apple and non-Apple devices and other property when an employee is on "company premises," including in a home office

I’m sure that means when you have designated that you are working from home. It’s a sticky wicket. If the company has no right to monitor what you do on company time then you prevent the company from discharging its duties to its shareholders and to state and federal legal authorities.
 
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America is so skewed, it's not even funny. I'm so happy I live in a country were privacy and human rights is something that needs to be respected, a company can't simply write and enforce terms as they see fit.

You can't use any kind of surveillance against any of your employees, and pretty much all kinds of such surveillance will give you a lot of trouble in regard to GDPR, which happens to protect both the consumer, but also employees within companies.
There should be no expectation of privacy in the workplace whether physical or virtual no matter what continent you work on.
 
You are entitled to your opinion, but I know a lot more about than you seem to think. He hasn't got a leg to stand on. Talk to me about your legal education regarding the 1st Amendment and consequences for a person's words and action that are not illegal discrimination.
It's not an opinion, it's a fact...
 
You can pretty much be guaranteed the contract is legal and has already been tested in court. Do you really think this is the first time Apple has faced this situation with an employee? It isn't.

Again, you don't know what you are talking about. Corporations have been found multiple times to have broken the law, knowingly or unknowingly, when it comes to work contracts. Google and other forms of search can be your friend. Literally Apple is already facing another complaint, but this is from the US NLRB for unlawful practices, including "illegal confidentiality, non-disclosure, and non-compete agreements, as well as overly broad misconduct and social media policies." Which I posted about from personal experience, as a former Apple employee, earlier. https://www.reuters.com/technology/...lace-rules-2024-10-01/?utm_source=chatgpt.com
 
I know a bunch of people that work for Apple in different locations. If you don't want your personal phone under lock and key, get the business phone. Apple doesn't force you to use your personal device, but if you chose to use it for work, they lock it down. Same thing at my work place. Sensitive company info can be found on phones that aren't properly secured so they offer a work phone option.
I used to work for Apple myself, and that's not how it works. That's also not the whole complaint. Ironically, this isn't the first time, either, for Apple to face this. In October a U.S. Labor Board already made these very similar complaints about policing social media and other places NOT at work. "The National Labor Relations Board in the complaint announced late on Monday claims Apple required employees nationwide to sign illegal confidentiality, non-disclosure, and non-compete agreements and imposed overly broad misconduct and social media policies." https://www.reuters.com/technology/...lace-rules-2024-10-01/?utm_source=chatgpt.com
 
I wonder if it applies to people like Tim Cook, or are they allowed to keep this stuff more private? It does strike me as intrusive and even though people are saying it's 'a terms and conditions' thing, there comes a point where surveillance of this type could be seen as too controlling.
I wonder if this is just common practice in many American companies? I can't imagine a Great Britain-based company could get away with this, even if it were in the small print. I remember once asking an Apple employee something about the company, away from the shop floor when I was in an elevator (lift), and he indicated that there were microphones and cameras everywhere which picked up conversations and people's interactions. I found it a little "Black Mirror"- like, and just a bit disturbing.
Maybe it's a way to ensure that a company remains successful? I don't know.
 
I used to work for Apple myself, and that's not how it works. That's also not the whole complaint. Ironically, this isn't the first time, either, for Apple to face this. In October a U.S. Labor Board already made these very similar complaints about policing social media and other places NOT at work. "The National Labor Relations Board in the complaint announced late on Monday claims Apple required employees nationwide to sign illegal confidentiality, non-disclosure, and non-compete agreements and imposed overly broad misconduct and social media policies." https://www.reuters.com/technology/...lace-rules-2024-10-01/?utm_source=chatgpt.com
Accused is not the same as found guilty.
 
Pretty much. Whenever anyone asks me, “Am I able to use personal devices for work? I don’t want to carry two devices when I travel” I let them know that the potential issues that come from using their personal devices for work is far less onerous than carrying two devices. Get appropriate luggage and deal with it.
just imagine, your project gets caught up in a lawsuit, and now that device you were using for work, it becomes evidence. If it's a personal device that you were counting on trading in, well, not anymore. It may even be confiscated to preserve evidence. If you use a secondary personal device, like an older phone, and have it signed into a separate work related apple ID, well, now you've airgapped your personal from your work devices. Plus, for company work, email, texts, it's not like an older phone is going to be much of a hindrance compared to the latest and greatest.
 
I like Apple products but it seems like a cult like environment. I worked with Apple employees for years in my role in the wireless industry. Nice folks but they refused to visit a call center unless they were the "only vendor." Kind of like a - we are above all and unless we are the only ones there.... well you are beneath us.

Sadly reflected in the fan base as well
 
I see several statements in there when he says "Apple allowed me to choose between an Apple owned device or a personal device for work" and he chose to use his personal device. I guess he thought that they shouldn't monitor his work related communications on his personal device? Easy fix - use the company device for work and your personal device for personal communications.

Just seems like this guy was looking for a way to file a claim and sue.
Or hopes his work visum will stick (well it won’t, if apple fires hime he can go home… name wise india? Unless he’s born here or married with a us lady)
 
You can't talk about anything that is covered by an NDA, posting on social media isn't private and Harassment, treatment issues should only be discussed with your manager, HR or a Lawyer.
You have just given an incite into why the employee is doing what he is doing, well done :)
 
ironic /ī-rŏn′ĭk/

adjective​

  1. Characterized by or constituting irony.
  2. Given to the use of irony.
  3. Poignantly contrary to what was expected or intended.

I think a lot of people in here probably don’t even recognize that image, or understand how irony is involved.
 
some of this is Apple's relentless grasp on secrecy. it feels over-reaching, regardless of contract.
 
I see several statements in there when he says "Apple allowed me to choose between an Apple owned device or a personal device for work" and he chose to use his personal device. I guess he thought that they shouldn't monitor his work related communications on his personal device? Easy fix - use the company device for work and your personal device for personal communications.

Just seems like this guy was looking for a way to file a claim and sue.
If I need some device for work (laptop, phone, etc.), my employer supplies it and can install whatever monitoring software they want. I never let my employer's IT department on ANY of my personal devices and they're restricted from accessing anything on my network at home other than the Internet.
 
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