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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27 views

Effectively fired after FMLA/short term disability

During the last couple months I have been on short term disability insurance due to a major surgery. I also have FMLA in place since this is related to dialysis. Before I left, I told them that I ...
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1answer
52 views

Are projects produced as pre-conditions for employment interviews sole work or work-for-hire?

It is a somewhat common practice to ask prospective software development employees to produce small-size projects which perform according to certain specifications. If the spec is not a run-of-the-...
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1answer
76 views

Is a non-poaching clause enforceable if the employee resigns first?

I worked for a company called Widgets Inc. There, I hired Bob, who turned out to be a great employee. Since I have left, Bob has become unhappy at Widgets Inc and is going to resign, he asked me if I ...
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3k views

Intellectual property with hiring minor as software engineer

I'm currently running a startup in California, and I'm looking to hire a few minors as paid software engineering interns. Since minors are unable to sign contracts, will I run into any issues with ...
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1answer
43 views

US tax law for working remotely abroad

I'm working in an American tech company in Illinois. Recently I traveled abroad and am working remotely for 3 months (I'm a green card holder). Are there any tax laws in this case? Shall I report it?
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1answer
78 views

What can a person legally publicly share about his previous employer?

I am writing a blog and often use some examples from my past (previous companies where I was working). All of the examples are trivial (no financial info, no customer info, no know-how, and so on). ...
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1answer
68 views

"This policy" words (in Mozilla Community Participation Guidelines) with no specific policy mentioned right before. What does it refer to?

Mozilla Community Participation Guidelines: Version 3.1 – Updated January 16, 2020 Modifications to these Guidelines Mozilla may amend the guidelines from time to time and may also vary the ...
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1answer
63 views

I'm changing jobs and my new employer does not offer health insurance until 60 days. Can I avoid paying for COBRA insurance? [closed]

I am planning to quit my job and move to another company. This new company does not offer health insurance for the first 60 days of employment. As I understand it, federal law requires employers with ...
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Salary cut-off date

I started a new job on 6 Dec. The employment contract says: "payable monthly in arrears, in equal instalments by direct bank transfer on or around the last day of each month, minus any statutory ...
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1answer
52 views

Legal status of employment benefits that are not specifically mentioned in an employment contract

What is the status of employment benefits, where the details of these benefits are given via a "benefits guide" (and "offer letter") prior to signing the contract, but where these ...
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2answers
108 views

How can start working with lawyers in need? NOT ADVERTISEMENT

I'm genuinely trying to understand where I could help the most and what problems my skills could be applied to that lawyers are fighting with on the daily. This is my first question on here and if it'...
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2answers
146 views

Is it legal for a professional ethics group to demand that I "respect" other agents' exclusive relationships with their clients?

I previously asked this question on the legality of anti-poaching agreements. If it's not illegal for two companies to enter into an agreement not to poach each others' talent, why is it legal for a ...
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Does Biden OSHA vaccine mandate apply to remote workers?

Does Biden vaccine mandate apply to remote workers? I am programmer full-time employee working from home. Our company was fully remote before the pandemic in 2019.
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1answer
64 views

If Party X tells Party Y something untrue about Party Z, if Party Y repeats it is this defamation (if it's obviously false)?

I had a short term job that I was fired from. I was told that someone tripped and was injured on something I left laying around, which in fact I didn't do. As "proof" my manager showed me ...
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1answer
47 views

Can a business allow employees to use their own developed software for work as a way to protect its proprietary software?

Can a business allow employees to use their own software for work as a way to make sure that if the company has to declare bankruptcy and sell all its assets, then it can hide its proprietary software ...
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1answer
104 views

Can a worker who is not an employee be wrongfully dismissed? (England & Wales)

Does wrongful dismissal (NB. I don't mean unfair) apply to workers who are not employees in England & Wales? My understanding from my lecturer is that it does apply (it came up on a test question ...
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46 views

Does employer have a responsibility to keep employees (personal) contact information private?

I had done some short term work for a company. I noticed they have a Google Drive Document that anyone with the link can access. The document contains all employees personal email addresses, phone ...
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30 views

Can a 17 year-old legally sign an International Employment Contract?

I would like to know if a 17 year old is allowed to sign an International Employment Contract. Details: Employee is in the Philippines where it is legal for a 17 year old to work a full time job. ...
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1answer
87 views

Plumber employment

Is there any legal issue with a property management company employing a journeyman plumber to do plumbing jobs in house? The management company only manages related party owned properties, ...
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22 views

Are there any special requirements for UK employer for processing its employees data in another country?

Some background to this question. I'm asking as an employee wondering if a company that hired me can keep my details anywhere in the world, if I have any say in that and to see what special ...
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1answer
4k views

Is it legal to dismiss an employee for resigning?

Let's say I work as an employee at a company, and have a contract that states I must give a minimum of 1 month's notice in writing to resign. In trying to be fair to my employer, and to give them ...
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2answers
180 views

In the UK can someone be fired for job hunting

In the UK: Assuming that no job hunting or application has been done during work hours, can I be fired for openly job hunting out of hours? What if I advertise my availability on a site like LinkedIn?
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1answer
66 views

What is the difference between separation, quitting and layoffs?

Is separation considered to be a measure of layoffs and quitting from firm's perspective?
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1answer
47 views

Is there anything in UK law that affects how leave can be given to staff with different contracts?

This concerns UK Employment Law, specifically England. I work in a field that has shifts on Christmas and New Years' day, albeit very few positions so a significant number of the workforce is forced ...
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1answer
269 views

Can a church-run university terminate employees because of their religion?

There are a number of churches in the United States that operate universities, and I understand that these universities are legally permitted to give preference to members of the church when hiring ...
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2answers
78 views

Is the date that you give notice the same as the date you are resigning from a job?

I am looking to give as much notice as possible to my current job that I have taken a role at a new company. However, my current contract states: If you resign from your position or you are terminated ...
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1answer
145 views

What Privacy Protections Does an Employee Reporting Sexual Harassment Have in Oregon?

Several discussions I’ve had recently about a series of events have made me wonder about some of the legal issues they raise. I was fortunate not to be personally involved, and don’t need advice on ...
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135 views

Can a lawyer charge me before providing advice

Context: I am employed in the UK. Back in mid-July, I was prospecting for a lawyer to advise me on a new contract my employer wanted me to sign. One of the solicitors who replied to my email asked ...
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4answers
3k views

In British Columbia can an employer punish employees for sharing wage/salary information with colleagues?

While sharing salary information is often discouraged by employers, in the province of British Columbia, Canada, are employers legally allowed to punish (e.g. fire, reprimand, etc.) an employee who ...
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1answer
85 views

Does Age Discrimination Apply to those over the age of retirement (US)?

I know that it is illegal to discriminate solely on the basis of age in the hiring process. I know that it is intended to help those that are over 40. But does it still apply to those over the age ...
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1answer
128 views

Is it legal for a restaurant to assume tips on cash payment?

A friend recently posted that, She is a waitress that receives tips. Her restaurant has a POS machine. This POS machine assumes a 15% tip on all cash payments. She can not alter this setting. ...
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66 views

Does California Homeowner's Insurance provide Workers' Compensation Insurance for a Nannyshare hosted in another family's residence?

If a nanny in California cares for the children of Family A & Family B, primarily within the home of Family A, will Family B's homeowner's insurance include workers' compensation insurance for the ...
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22 views

Is it allowed to work outside of EU for a long-term on Blue card

can someone (non-EU citizen) work from outside EU/Germany (on blue card)? If so, what are the rules and regulations. How long can the duration be. Any links for the law/policy would be helpful.
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Do UK government ministers have any redress under employment law when they are 'reshuffled' out of a job?

There has recently been a 'cabinet reshuffle' in the UK. A number of ministers have been removed from their posts and have seen a change in their status and salaries. Are these changes covered by ...
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0answers
101 views

Are gender-quotas lawful for academic funding bodies in the UK?

Background I am an academic, working in the field of medical physics. The UK's National Institute for Health Research (NIHR) is a United Kingdom government agency which funds research into health and ...
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60 views

Do sanctions prevent a US citizen from hiring someone in Venezuela?

I created a startup in the US. However, I would like to hire someone from Venezuela for seasonal employment work—it involves content creation and education. Considering that there are certain ...
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1answer
116 views

Can a Mexican employer really claim rights to IP created before the start of employment if not declared?

THE EMPLOYEE expressly acknowledges that pursuant to Article 163 of the Mexican Labor Law, all rights to any inventions, improvements and any intellectual property rights (“Intellectual/...
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3answers
141 views

Is blacklisting allowed after I have put my notice in and acquired a new job elsewhere?

I am a Massachusetts citizen and I am also a disabled vet. I work at a large company as a programmer/developer, and I have decided to put my 2 week notice in after many frustrations and overall ...
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2answers
86 views

Am I allowed to opt out ADA privileges if my doctor allows it?

I’m on ADA. My employer allowed me not to take the Covid vaccine and instead take weekly test for Covid as a reasonable accommodation. I’m receiving a treatment, and my doctor says if it goes well, he ...
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1answer
96 views

Is employer obligated to provide an option to “opt out from existing ADA privileges” to keep the job?

My employer mandates vaccines for Covid. I have a medical exception. My doctor says there is a 50/50% chance I will have horrible consequence from vaccine based on my medical history. My doctor does ...
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1answer
153 views

May I volunteer for an individual?

In the United States, specifically in Norwalk, Connecticut, where I live, may I volunteer for an individual, and may an individual use volunteers? For example, may I volunteer as a personal chef for a ...
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1answer
53 views

UK employment contract - private work outside of contracted hours

OUTSIDE EMPLOYMENT AND ACTIVITIES During the period of your employment you shall devote the whole of your time and attention during ordinary business hours to your duties with the Company and shall ...
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2answers
46 views

Contract to hire in Texas

There are a lot of employers who normally hire people only after a period of time as a contractor. They seem to hire people as contractors and they go through a contracting agency that is separate ...
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1answer
79 views

Can my employer ask me to return sick pay if I claim loss of earnings?

I have been employed by the same employer for a number of years, and they have recently provided a revised 'terms of employment' document which includes the following new paragraph It is a ...
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1answer
105 views

Does China have "parasitism" law prohibiting people from not working?

I did a lot of research answering this Politics.SE question: "Is China really Communist?". I was able to answer most items I decided to research (some of the answers were less intuitive than ...
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1answer
143 views

Can employer force me to handover my updated passport? [closed]

I work for a EU organization internationally, They have had my previous passport on file for more than a year, but it has expired last year: They are now requesting I send them my new passport "...
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2answers
138 views

Can lack of dual citizenship be a job qualification in Canada?

Some organizations in Canada have an official preference for hiring Canadian citizens, and say so in job announcements. If one is a Canadian citizen but also a U.S. citizen, does that mean one would ...
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1answer
107 views

Can a manager reduce my work hours because there has been (unverified) issues with a coworker?

I am having a conflict with a coworker. Without going into the nature of the conflict, the manager wants to schedule us on separate days. However this would mean a reduction in the hours I work in a ...
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1answer
111 views

Can an employee in the UK (England) be imposed a contractual duty to subject themselves to marijuana tests?

Bob, a citizen of the UK, is a white collar employee of a UK construction company. They never engage in hazardous work or work that is, within the scope of its risk, can endanger others. Can the ...
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1answer
76 views

Can Idaho employers ask about dismissed criminal convictions?

In California, if a person is convicted of a crime, then later has the conviction dismissed under Penal Code section 1203.4, then Labor Code section 432.7 makes it illegal for employers to ask about ...

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