Since American Nielsen records are stored in The Netherlands, are there any legal advantages in not keeping them in the US due to employment litigation reasons? And how do you feel about your personal information being stored in The Netherlands which is subject to The Netherlands' government compelling access to and potentially looking through your records?
11 replies (most recent on top)
Nielsen is a shady company. Nielsen has no problem lieing to the eeoc. In fact, Nielsen has lied to the eeoc about where employment records are stored.
The bottom line is Nielsen will do everything they can and use dirty tactics to get your employment lawsuit dismissed. I'm not a lawyer.
I believe there is a strategic legal reason to store US employment records in The Netherlands. By storing US records outside of the US, it narrows down where US employees and former employees can sue Nielsen (in which federal court(s)) under Title VII due to Title VII's special venue rules.
"It’s one of the strongest defenders of personal rights (Google it)."
I'm not stating it's not. What I am stating is in regards to Title VII's special venue rules, where employment records are administered and stored is important because it may determine which court you can sue Nielsen in, or which EEOC office will investigate Nielsen.
My understanding is if Nielsen administers and stores their employment records in say Washington State (strong labor law state), you could sue Nielsen in WA. If Nielsen stores their employment records in The Netherlands, you can not sue Nielsen under Title VII of the Civil Rights Act of 1964 in The Netherlands because they do not have US Federal Courts there because The Netherlands is not part of the US. Nielsen has legal advantages for storing American employment records overseas.
"So many narrow minded Americans here."
The question was about legal advantages to Nielsen. By storing US employment records in Netherlands, it eliminates one Title VII special venue location for employment lawsuits based on where employment records are stored. Venue is important because Nielsen will always try to get your employment lawsuit dismissed on technicality by claiming you filed it in the wrong court.
"Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this title. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office."
The lawsuits are BS so good for Nielsen
"It wouldn't bother me."
In the past, Nielsen has used the fact that they store employment records in The Netherlands to help contest personal jurisdiction in employment lawsuit filed in federal court. I'm assuming maybe there are advantages to Nielsen to store US employment records in Netherlands.
It wouldn't bother me. Anyway, there's a reason that Europe has the GDPR. You'd think Americans would want the same protections...
I don't
I never consented to my employment records which contain my personal info being stored in The Netherlands. What makes Nielsen think they can store our records there?