Questions tagged [employment]

For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.

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2
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1answer
82 views

New employer asking permission to run a background check

I received a job offer (for a software engineer position at a small, remotely distributed company), verbally agreed to it on the phone, signed the offer, and then received a copy with the manager's ...
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0answers
21 views

Diversity Visa and J-1 applications

My wife is planning on applying for a diversity visa which in case it materializes will only happen in 2022. In the meanwhile, there is a possibility she may get a job sometime before that ...
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0answers
24 views

A clause in my employment contract is impossible to fulfill due to covid 19. Does this render the other bindings invalid? [duplicate]

Without revealing exactly what clause in my employment contract is now impossible to fulfill, does anyone know what kind of implication it has on the rest of my contract? Is my entire contract null ...
2
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1answer
110 views

Can an employer force me to quit my old job, claiming it's a conflict of interest, if I never agree to it in an employment contract?

This question is about when is something legally binding. Say I am an interview for a new company. They advise me that continuing to work for my old one (even on a part-time basis) would be a conflict ...
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2answers
76 views

Old Employer Contacting New Employer to Threaten Regarding Future Contract(s)

I recently resigned from the company I was with after some strong disagreements about the direction and architectural decisions of some senior members of staff, and started work for a new one. During ...
2
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1answer
173 views

HR is suddenly changing their opinion. Can this be considered an act of discrimination?

I had an email conversation with a HR considering an upcoming job interview that I was supposed to be scheduled for. In my last email I mentioned that I have a neurological condition that requires ...
27
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2answers
6k views

Job interview adjustment request was ignored. Is this an act of discrimination?

Imaginary situation: a candidate arrives to a job interview for a position of software engineer. She had notified the HR manager that she has severe mobility problems and thus can't move around unless ...
0
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1answer
38 views

Help with legal interpretation: Employment termination bonus repayment

If you voluntarily terminate employment with the Company or for any reason fail to return from a non-job-protected leave of absence prior to one year of employment anniversary date, you will be ...
16
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3answers
4k views

Can employer legally stop paying time & 1/2 to exempt employee after stating in the offer that they would do so?

Late July I got a job as a computer programmer on a 6 month contract with the agency that recruited me (although I actually work for another company). The job is W-2, paid hourly, but as I'm a ...
0
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1answer
51 views

Can a US company employ Iranian person outside US?

I have seen this link about Iranians working remotely for a US company. But it's (1) old and (2) about working remotely while living in Iran. I want to know that can I, as an Iranian, get employed in ...
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1answer
66 views

Is it illegal to proactively request to accommodate people?

I am at a point in my career where I foresee me being involved in interviewing and hiring within the next 5 years. I am already involved in some manner with the process of terminating people because I ...
25
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2answers
7k views

Can a university make rules about students' lives outside campus?

I recently noticed that my university has a Covid-related policy stating that students are not permitted to attend public gatherings off-campus. Today, they officially stated that students breaking ...
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2answers
94 views

In BC is there an automatic probation period for new employees?

If an employee works less than 3 months are they entitled to any notice before being fired without cause? Does it matter if they're given some kind of warning or explanation? I was reading this ...
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0answers
23 views

Out of country court case related to employee / employer financial claim

I am a contractor in Ontario, Canada. However, I am not a citizen of Canada or the US. I am contemplating a court case against my contract-employer in the US, regarding non-payment of my salary ...
1
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2answers
93 views

Are provisions requiring employees to provide certain amount of notice before quitting, enforceable?

To my understanding giving 2 weeks notice when quitting is customary, though not legally required. Can an employment contract stipulate that the 2 weeks are mandatory? I'm curious how it would be ...
0
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1answer
60 views

Can a company change a policy and enforce it like this?

If an organization offers an online education policy as a perquisite (after being employed for a certain period) and the policy states that it's free for the employees if they opt-in and they'll have ...
2
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2answers
128 views

What is the point of Devotion of All Working Time clauses?

In an employment contract I red: Devotion of All Working Time: During your employment, you shall devote the whole of your work time, attention and abilities to your duties and shall give the Company ...
29
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9answers
6k views

How will anyone know if an employer fires an employee for an illegal reason?

From wiki: At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish &...
0
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1answer
41 views

Can an employee complete the I9 form remotely?

This USCIS instruction says that: Employers may designate an authorized representative to fill out Forms I-9 on behalf of their company, including personnel officers, foremen, agents or notary public....
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2answers
54 views

Can a district rescind an offer of employment?

I applied and interviewed for a school counselor position--I am highly qualified, have experience and fantastic references. The principal called me at 6 pm to offer me the position. I said I wanted to ...
4
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5answers
719 views

Can a White Person sue for Discrimination after being Fired for using the N-Word?

After the landmark Bostock v. Clayton County ruling, I am asking for a friend if he has an action against an employer who fired him for using the N-word on 3 occasions as well as uttering "my ...
1
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0answers
40 views

Legal definition of exempt employee's “own time” regarding creation of copyrightable content

I live in California, where CA Labor Code § 2870 states (emphasis added): (a) Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or ...
1
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1answer
31 views

Assigning intellectual property rights like a provisional patent to oneself while employed

A hypothetical: let's say I am employed in the U.S., and in a field where I am compensated for the results of my ideas or intellectual work, i.e. engineering. Let's say I have a roughly standard ...
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2answers
68 views

Does a work reference have liability?

Similar to What is the liability of a person who signs as a witness? does a reference for a candidate employee have liability for what they say about the candidate? I've seen some companies ask ...
0
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1answer
72 views

Can employer collect and share employee data such as skin colour?

In an attempt to make the workforce more "diverse", our employer has announced that they will start "collecting and sharing" [sic!] employee data such as ethnicity and gender. This,...
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2answers
93 views

Is there any law that prevents organizations from outsourcing?

With the recent Covid-19 situation and everything, organizations have realized that remote jobs are indeed a viable option. So, hypothetically the organization could say let's just outsource ...
1
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1answer
93 views

Would the ADA allow a teacher with comorbidities relevant to COVID-19 to insist on teaching remotely in Fall 2020?

I am a professor at a large state university which has announced it will teach classes on campus this fall, and I am diabetic. I am very concerned about whether my university can provide an ...
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1answer
75 views

Accepting two offers from two EU countries

I had an offer from a Spanish company last month and I accepted it. And because I am a non EU citizen I need Visa process to be completed before I can join I am waiting for some documents here in my ...
3
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0answers
75 views

Is an employer rule mandating face coverings on their grounds enforceable even when employee is off work?

My employer (a private college in the US state of Maine) has a new rule mandating face coverings for employees, including in outdoor settings on their campus. The campus is open to the public to enjoy ...
0
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2answers
81 views

Do these terms contradict each other for who owns work created by contractor?

These two sentences are literally side by side and seem to be saying opposite things. All deliverables and associated documents...developed by Contractor during the term of this Agreement shall ...
1
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1answer
72 views

What constitutes voluntary termination of employment?

I have a clause in my contract that reads as follows: "If you voluntarily terminate your employment prior to 12 months following your hire date, your bonus will be due immediately" If I give my two ...
1
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0answers
51 views

UK - WFH from EU country

I have been wfh part-time and sharing childcare responsibilities since the beginning of lockdown. I am an EU citizen working in the UK and have asked my employer for the possibility to wfh from my ...
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0answers
15 views

Will E&O and GL insurance protect an employee against losses arising from his employer's indemnification demands?

This question assumes that an employee has a contract with his employer to indemnify them if there is a loss to the employer's client. I called an insurance agent, and he did not know if such ...
2
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1answer
159 views

Job interview according to the laws of Washington State, USA

According to the laws of Washington State, USA; 1) Is it legal for a person to be asked their preferred pronouns during an candidate job interview? 2) Is it legal for a company to ask anything that ...
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0answers
28 views

Is it legal to ask in an interview “ ”Do you need any special accommodations?" [duplicate]

I've just read a question on a sister site here, and a comment to one of the answers say: Are people asking you that ("Do you need any special accommodations") in interviews? IANAL, but that seems ...
0
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1answer
68 views

In legalese, is there legal a difference between “we would like to hire you” and “we want to hire you”?

I was selected to for a job, but haven't signed nor seen the contract yet. The "you've been accepted" message was written in conditional format, "we would like to hire you" instead of "we want to..."/...
2
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0answers
32 views

Is it legally possible for a foreign PhD student in Sweden to start up a company beside his/her studies?

I'm a full-time PhD candidate in my 3rd year in Sweden with a doctoral residence permit. I have two solid start-up ideas, one is related to the topic of my PhD studies. Considering that I'm working as ...
2
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1answer
77 views

How do I prove unauthorized use of my signature?

I was recently terminated for allegedly violating the company attendance policy (claiming I did not contact my manager at least 30 minutes prior to start of my shift, which is a false accusation, but ...
4
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2answers
192 views

Can an employer apply one-off pay cuts via forced contributions?

Are US employers allowed to unilaterally cut the pay for an employee, specific team or all employees through a one-off measure? Are forced contributions to charity, pay reductions during an economic ...
-1
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1answer
52 views

Furlough/partial-unemployment and demand by employer to perform different role than hired for

An acquaintance is employed for a role in housekeeping and is currently on furlough but receiving benefits and unemployment plus federal supplement. Employer called today and demanded they come back ...
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0answers
14 views

When can I use the emergency sick leave provided by HR 6201?

H.R. 6201 provides 80 hours of emergency sick leave for certain eligible purposes. Assuming a person works for an eligible employer and wishes to use this emergency sick leave for an eligible purpose, ...
1
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2answers
113 views

Can an employer charge employee/contractor a processing fee for payment?

I had worked for a company (whether as an employee or contractor is disputed). They would e-transfer me payments and take a small amount off to cover the cost of e-transfer. I told them I never agreed ...
2
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2answers
87 views

Is it legal to instruct an employee not to put contract concerns in writing?

TL;DR My COO sent me a contract that would amend an existing employment term (salary). I raised concerns regarding the terms of the contact. COO explicitly told me you don't need to put it in writing....
2
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1answer
73 views

In the UK, what is the difference between the Job Retention Scheme and furloughing?

I live in the UK, and work on weekends for probably the UK's biggest fashion retailer. I recently got an email from them asking me to consent to the terms of a new contract. In it, I noticed this ...
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2answers
83 views

How to Handle Employer Breaching Employment Contract

I work as a W2 employee for a medium size company. The contract specifies my salary for each year of the term, along with many provisions to protect the company such as a 1 year non-compete, IP ...
1
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1answer
83 views

Intellectual property when leaving the employment

Company's time, company's laptop, company's idea submitted to the internal innovation platform. It was rejected by the corporate immune system: We are to inform you that your idea has been Backlogged....
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1answer
60 views

Does the “Family First Coronavirus Response Act” cover federal employees?

Apparently, a new coronavirus related paid family leave law takes effect on 04/01/2020. I understand that, among commercial companies, it applies only to those under 500 employees (because, of course, ...
-4
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1answer
67 views

Is asking HR department about self-organised interest group a sufficient reason to warrant a drug test?

Using a throwaway account as I do not want to get into trouble. Background to cannabis Medical cannabis is legal in the UK since 2018 63% of Londoners supports legalisation for adult recreational ...
0
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0answers
41 views

Is there a time limit on claiming loss of earnings for Jury Duty?

Short version Are there limits on how long after serving on jury duty I can make a loss of earnings claim? Background I was serving on a jury from 17th to 21st of February this year. During that ...
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0answers
637 views

Implications of Failing N95 Fit Test During COVID-19 Pandemic?

I am a Registered Nurse and have documented evidence in my NY hospital that I failed the N95 fit test for years. What are my rights surrounding this and the COVID-19 epidemic? I have a NIOSH compliant ...

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