Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
932
questions
14
votes
4
answers
4k
views
Terminated employee will not help the company locate its truck
Consider the following hypothetical situation. Joe is an employee of Quality trucking company. Joe drives a tractor trailer for the company. The tractor trailer is owned by
the company.
The company is ...
- 1,497
-2
votes
2
answers
115
views
If a company has a solid policy against discrimination in hiring but an individual violates that is there a remedy for the candidate?
If a job candidate has been asked questions about membership in a protected class and discriminated against on this basis by one individual acting contrary to law and company policy (the company has a ...
0
votes
0
answers
51
views
What is "inactive status for cause"?
What is "inactive status for cause"?
I was asked the following question on a job application,
Were you ever put on inactive status for cause, or subjected to disciplinary action (including ...
- 435
1
vote
1
answer
65
views
How does the UK reconcile collecting statistics on diversity with the restrictions on recruitment questions under the Equalities Act?
This question on The Workplace asks about intrusive questions during a job interview.
My initial thoughts were that these sorts of questions concerning religion, gender, class etc. were forbidden by ...
- 334
3
votes
1
answer
58
views
Where can I find Massachusetts Law on employee IP Assignment Agreements?
I'm trying to find any relevant Massachusetts law covering IP Assignment Agreements in employee contracts. I've been doing some googling but can only find relevant language for California.
For example ...
- 33
5
votes
2
answers
2k
views
When would it be legal to ask back (parts of) the salary?
Based on this question, where the OP was asked to pay back parts of his salary in cash: I have a hard time imagining any legal reason why an employer could ask back parts of already payed salaries. ...
- 7,374
0
votes
3
answers
316
views
Telling the cops what my employer is doing [duplicate]
I worked in a disreputable computer store. We sold fake cache chips that were supposed to speed up the computer but didn't do anything at all. I declined to sell them and assumed I would be fired, but ...
- 117
2
votes
1
answer
174
views
Can a minor hire an adult?
A minor is running a sole proprietorship and would like to hire delivery drivers for their business, paid piece rate. Would that be legal?
- 141
0
votes
1
answer
80
views
Does U.S. FAR “period of performance” include employees’ off-the-clock time?
U.S. FAR 52.222-50 (b)(2) states:
Contractors, contractor employees, and their agents shall not … Procure commercial sex acts during the period of performance of the contract;
My naive reading of ...
2
votes
0
answers
202
views
Employment Law, Gender Discrimination for Male Servers
I work at a fairly large restaurant chain in Alberta, Canada (they have locations across both Canada and USA) as a male server/waitress. Servers are paid often the same base wage of $15/hour with tips ...
- 29
1
vote
0
answers
124
views
What was the method for calculating the length of paid holiday for zero-hours workers?
I’m just curious to know how, before the 1st of April, 2024, a zero-hours worker's number of hours of paid leave was calculated. I’ve seen websites that say the Supreme Court decided, in Harpur Trust ...
- 1,253
1
vote
2
answers
387
views
Is it legal to give prospective employees an IQ test?
Is it legal to give prospective employees an IQ test?
Suppose that the job requires one to be intelligent and/or a quick learner.
(I'm primarily interested in the US, but I'm curious about other ...
- 1,478
0
votes
1
answer
797
views
Can an employer use your FMLA “tardiness” from a previous time working for them in a re-hire situation? [closed]
I had a Family and Medical Leave Act (FMLA) with a job in the past but left on good terms. I left that job for another job a year or two ago. I applied this year to be rehired for an open position but ...
- 9
-1
votes
2
answers
109
views
Is it legal for employer to make getting paid for work contingent on completion of certain tasks?
I sometimes do part time work where I'm periodically required to provide proof of residency documents for tax reasons. Management said I need to do this to get paid, but someone else advised they can'...
- 187
-2
votes
4
answers
340
views
can a company exist with no employees?
I own a company that has no employees at the moment. I have paid a few people cash for services in the everyday operation of my company. An example of this is, the person who styled my hair for my ...
1
vote
1
answer
153
views
Is an email legally binding for a governmental job confirmation in Germany?
Here is an excerpt from the email:
es ist mir eine große Freude, Ihnen heute mitzuteilen, dass Ihre Bewerbung XXX erfolgreich war. Wir möchten Sie gerne zum nächstmöglichen Datum einstellen. Der ...
- 152
19
votes
2
answers
8k
views
What rights does an employee retain, if any, who does not consent to being monitored on a work IT system?
I am interested in privacy at the interface between one's personal and professional lives. This question is adjacent, but not identical to others related to IT system use (1, 2). Given a workplace IT ...
- 347
0
votes
2
answers
73
views
O1 Visa work contract with German employee
In context of an O1 Visa
Given the employer/employee relationship between the US company and the employee in a different country, in this case Germany
How would the contract look? Would it be a US ...
- 103
2
votes
2
answers
196
views
If a worker quit his old job because a recruiter at a new job contacted him with an appealing offer, can he still be fired without cause in probation?
This is a hypothetical question. I understand that in ordinary circumstances, when starting a new job, the probation period allows an employer to terminate the employee for any or no reason, provided ...
- 187
14
votes
4
answers
4k
views
In the US, are employers liable for torts caused by their employees working from home
I WFH and today I had a meeting that ran way over time and I had to pick up my kid from school. I didn't want to miss the rest of the discussion and wanted to push back on one issue, so threw my ...
- 2,122
0
votes
1
answer
123
views
In UK law, what weight does an organisation's stated keywords/values have?
I'm dealing with an organisation (a UK regulator) that claims, amongst other things to be Decent and Ethical[1]. They splash these values everywhere, their emails and website, pretty well anywhere ...
- 131
2
votes
1
answer
76
views
Non accredited degree
My job gave me an option to transfer departments due to them eliminating my position. In doing so they stated my BA degree was from a non accredited university after transferring me. The current job ...
- 21
17
votes
4
answers
7k
views
Are there any jobs that are forbidden by law to convicted felons?
Consider a hypothetical job-seeker who has been convicted of 30 felonies in the State of New York. This person is willing and able to re-locate anywhere within the United States or its territories, ...
- 956
-1
votes
1
answer
83
views
Suing people vs. a company [closed]
I work for a small trucking company. Have for almost 3 years. We haul out of the same places all week long. Sometimes change it up, but can guarantee to see the places at least twice a week.
The one ...
- 1
1
vote
1
answer
258
views
(UK) Employee signed off from work by a doctor - can we ask for equipment back?
If an employee is signed off from work by a doctor and is currently holding equipment owned by either his employer or one of his employer's customers, it seems perfectly reasonable to me to ask for ...
- 719
0
votes
3
answers
146
views
Is it legal for a former employer to send appointment reminder to clients, for appointments with me, when I’m no longer at the company
I was terminated from a Therapist position for being a whistleblower. My former clients are still getting their appointment reminders and the reminders are scheduled with another therapist, but saying ...
0
votes
1
answer
85
views
Legal advice for problems with a coworker in healthcare which can risk professional licensing [closed]
I'm writing this in behalf of another person, let him be John.
John is a licensed (university degree) healthcare professional working in the UK. He is having problems with a co-worker, and these ...
- 103
1
vote
1
answer
118
views
How do I answer an application question about being convicted of a crime?
Applications for jobs, etc. ask I have any arrest or conviction. I was arrested and convicted, but it was thrown out on appeal. My record is clear of any conviction. Must I report it on the ...
- 21
2
votes
0
answers
78
views
In the US, what has been the general outcome of COVID-19 vaccine-mandate litigation?
Recently, a friend informed me that he knew someone who had won a lawsuit, with a large award for damages, against his employer, which I believe was a private company, because he was dismissed for not ...
- 1,253
-4
votes
1
answer
289
views
Can sexual consent be required to enter a building?
First off, and this should be assumed, but IDs are checked and all people entering are of age.
Now, there are technically two questions I'm asking.
The first: is it legal in the United States for ...
-2
votes
1
answer
127
views
Protecting AI related IP by assigning all current and future IP to an LLC
Consider a fairly typical IP assignment clause, such as
I understand that the provisions of this Agreement requiring assignment of Inventions to the Company do not apply to any Invention that I have ...
- 1
4
votes
1
answer
385
views
Redundancy due to Organisational Restructure
Bob has been made redundant today due to "Organisational Restructure" process and let go immediatelly. He has been there for 18 months and the notice period was 1 month. The company offers ...
- 169
0
votes
1
answer
63
views
Does Minnesota Statutes 8.31 ADDITIONAL DUTIES OF ATTORNEY GENERAL apply to MN Statutes 43A.11?
If a state agency violates MN Statutes 43A.11 (which gives preference to hiring military veterans in some circumstances), can the Minnesota Attorney General open an investigation under MN Statutes 8....
- 33
0
votes
1
answer
116
views
Can you check references without permission?
Self explanatory. We interviewed a candidate, they listed references, we'd like to call them and we need to know if we need their permission.
We're remote and based across multiple U.S. states, but ...
- 563
0
votes
1
answer
128
views
Is it legal in CO to work as a caregiver and not receive pay since Jan 31, 2024?
I'm a caregiver and my employer has not paid me for over 300 hours of work, including overtime. My employer says once they get paid from the state for my client's home care then I will receive back ...
23
votes
5
answers
34k
views
Deleting Software I Wrote Upon Leaving Employment of a Company
For some context, I live the US, in an at-will state, and there's no employment contract involved.
When I was younger, I worked at a warehouse doing inventory-related activities as an hourly employee ...
- 332
0
votes
1
answer
189
views
Do remote employees count for purposes of WARN Act in NY State?
I'm trying to figure out if I am covered under NY law for purposes of triggering the WARN Act (and potentially seeking damages with a class action). I was recently laid off, along with 50+ employees, ...
- 1
-2
votes
1
answer
141
views
Racism or just stereotyping?
I recently joined a team as a technical team leader. The team I look after are all Indian and my manager is Indian. We all got on a zoom call and introduced each other. At the end of the meeting, my ...
- 105
0
votes
1
answer
267
views
Do US companies have access to check out their job applicants immigration status?
I am wondering do companies in USA have access to a database to check out if a job applicant has US Green Card or not?
I saw on USCIS website that says if you want to check someone's immigration ...
- 227
6
votes
1
answer
122
views
What if someone goes on protected leave and their employer thus realizes they don't need them?
Say that Ash works for Big Co. and goes on some kind of legally protected leave (FMLA leave, parental leave, etc.) because of some protected characteristic (such as having acquired a disability and/or ...
- 3,551
0
votes
0
answers
107
views
Berkeley Min Wage: what if you are only required to do 5 minutes of work?
Berkeley has a minimum wage law but it is set to 18.07 per hour. How does this work if work is divided into minutes?
Separately, does 18.07 per hour comprise 18.07 minimum per day?
Also, what are the ...
- 247
2
votes
1
answer
111
views
Is a termination notice with an invalid end date enforceable? [closed]
If an employer service a notice of termination on an employee, but specifies a date for the termination which is in the past, is it enforceable?
-6
votes
1
answer
273
views
Is there any chance I could get in legal trouble if I respond to a job rejection email like this?
“Good morning,
Thank you for your application for our Entry Level Sales Position. We appreciate your interest in joining our company (NO YOU DON'T, OR YOU WOULD HAVE HIRED ME), and we are pleased that ...
- 1
3
votes
2
answers
283
views
Work-for-hire unpaid: who owns the IP?
Suppose X is a software developer, the only employee of sole proprietor Y.
The contract is oral, "build an app like (famous app), earn $wage per week". Laws breached by this are outside the ...
- 2,938
6
votes
1
answer
542
views
Which type of attorney should I consult for a complex case involving employment, contract, and IP law?
This question concerns another Stack Exchange question: https://workplace.stackexchange.com/questions/195267/agreement-made-at-hire-is-unenforceable-due-to-a-technicality-employer-refuses
What type of ...
- 161
2
votes
1
answer
56
views
Does Minnesota Statutes 43A.11 apply at the County or Council Or Regional level?
I am a US Army Veteran and I applied to a few jobs position at the County and Regional/Council government agency level. I was told by the HR department that MN Statutes 43A.11 (which gives preference ...
- 33
2
votes
1
answer
129
views
Are parties protected from retroactive action when a law allowing something is declared unconstitutional and other existing laws conflict? CA Prop22
Are parties protected from retroactive action when a law allowing something is declared unconstitutional and other existing laws conflict?
RE:CA Prop22 and AB-5 law on Independent Contractor status ...
- 129
-4
votes
1
answer
263
views
Is it legal having two 40 hour jobs in 2 EU countries being non EU [closed]
I have a work permit in Sweden for 3+ years.
I have received a job offer from another EU country.
I want to work both jobs. Both jobs are 55k+ euro annually so I have no issues with minimum ...
- 1
2
votes
1
answer
603
views
M&A: Avoiding paying redundancy by selling the company? (UK)
Corporation A owns many smaller business units. Corporation A agrees to sell Business Unit X to Corporation B.
Business Unit X has a number of employees who are effectively redundant because their ...
- 155
-4
votes
1
answer
168
views
Why is per country cap for employment based immigration gcs not illegal?
I have a minor son who is a legal us citizen but I am on h1b with valid I-140 for the last 8 years. In case of job loss where I have to leave the usa, he will have to go thru the tough choice of ...
- 1