Re: What to do if you find that you did business with a spammer?

guy keren wrote:
> for the exact same reason, a company cannot fire an employee because he
> did something immorla (e.g. they found out he's gay and they are orthodox
> jews, or they found out he's a right-winged and lives in a settlement, and
> the owners are extremist lef-wingers).

I think an employee does have the right to resign for whatever reason he
wants to (even without a reason) - otherwise it's considered slavery.
The laws in Israel protect employees against being fired without a
legitimate reason (as usually, laws protect the weak, and employees are
usually weaker than employers).  So if you're employed in a company, and
find out that your company is doing something that you consider immoral
- you have the right to resign.

On the other hand, if a company (or a manager) finds out that an
employee is doing something immoral - it doesn't always mean they can
legally fire him.  So if you find out that your employee is sending spam
(for example), in his spare time from home - I'm not sure you can fire
him.  But if he's doing it from the company's office or using any
company resources - I'm quite sure that it's legal to fire him.

By the way, there are many ways to get around this law and fire people
for another reason or make their life miserable until they resign.
Employees do it all the time.  Sometimes they get sued - most of the
times they don't.  And even if they get sued they don't always lose.

> and lets see you manage to define a general clause that any client will
> agree to sign. ("i commit to delivering the project in 6 month time,
> unless your company does anything during this period, that i find to be
> immoral, even if it has nothing to do directly with me - in such a case,
> i'll give you the half-finished material and will be free from completing
> the project". in other words "if i fill like it, i'll say that your
> selling software as non-free software is immoral in my opinion, and will
> leave you after 2 month").
> 
> no, i don't think this approach can work.

Maybe you should enter a clause about your right to resign (or stop
working for the company if you're a supplier), and the terms of
resignation if you do resign for whatever reason.  But even if you don't
have such a clause in your contract - I think you do have the right to
resign if you find out that the company is doing something which you
consider immoral.  Spam included.

Let's take it one step further.  Suppose you find out that your boss is
a serial killer, and/or a former Nazi from second world war (but was
never convicted in court).  Do you have the right to resign or stop
supplying to this company?  I think you do.  They may sue you, but you
will probably win.

It might be a different situation if you're a monopoly, such as Bezek or
Microsoft or Hevrat Hashmal - in this case I don't think you have the
right to refuse to supply to someone.  But I'm not a lawyer, you should
consult one if you need to.

Uri.
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