Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
503
questions
0
votes
1answer
29 views
Is it lawful for my old company to buy back all my shares today but pay me over the course of several years?
Brief context is that I quit a startup with some vested shares (not options) that I have already paid taxes for. Their attorney is arguing that the shareholder's agreement allows them to buy back all ...
3
votes
1answer
110 views
Can the racial/ethnic makeup of a company be used in a discrimination case?
Suppose a company is made up 100 employees, and that 75 of them are from the same ethnic background or race, say Jewish, or black.
The company is in an industry that has nothing to do with that race, ...
-1
votes
1answer
161 views
Is the following nondiscrimination policy itself discriminatory against Christians? [closed]
Country: US
State: Michigan
Situation:
I work for a large employer in Michigan. We have over 10,000 employees total. My employer bans discrimination on the basis of an incredibly long list of ...
13
votes
4answers
6k views
Conflict between a religious belief that accounts for the existence of transgender people vs. one that doesn't
Country: US
State: Michigan
Example:
Ann belongs to a denomination that accepts the existence of transgender people as what they claim they are. Ann starts a company that grows to over 25 employees,...
0
votes
1answer
39 views
Question about employment contract
I was asked to agree to the following employment agreement and I have concerns:
I acknowledge that all of my work product, including materials, ideas, and other property, whether or not copyrightable, ...
18
votes
2answers
5k views
Paying to leave without notice in at-will employment state
Checking up here on a question that appeared on workplace.stackexchange.com: Someone signed a contract saying "If you leave the assignment without giving 15 days prior notice you will be liable to pay ...
5
votes
2answers
558 views
HR wants me to sign a confidentiality on something I reported. How big is the scope of the agreement?
Basically what happened is a coworker made a false statement about me, relating to my work, on Social Media. I reported it to HR. HR wants me to sign the following. I'm concerned with how broad and ...
0
votes
1answer
30 views
Cobra medical benefits life event
My employer has several health ins plans. My employer is required to provide Cobra coverage as it has several dozen employees.
If I were to choose one during open-enrollment, then get laid-off, the ...
2
votes
3answers
165 views
My former employer is threatening to sue me
I live in Kampala, Uganda and for the past eight months, I was doing software development for a local company since late February this year.
Last month I resigned from my position and my employer ...
6
votes
3answers
802 views
How are employer pay statutes enforced against offending employers?
An employer recently made some strange demands as a part of a job offer. On advice from The Workplace Stack Exchange I'm going to look for work somewhere else, but I'm concerned the employer is ...
0
votes
1answer
59 views
What is the right daily rate for annual leave in the UK when unspecified in employment contract?
tl;dr
I had an amount of annual leave at the end of my contract and I want to determine the daily rate for payment in lieu of the untaken days of annual leave.
My employer initially paid half the ...
0
votes
2answers
48 views
Could a person be the Dean of a University and the head of a company?
per Andrew W. Moore's self introduction, he is the "Dean of the School of Computer Science at Carnegie Mellon University" and the "head of Google Cloud AI" at the same time. Is this legal?
3
votes
0answers
60 views
Can an employment agency enforce a clause forbidding those who work for it disclosing for which companies they have worked?
This answer on S.E's "the Workplace" says
The employment agreement might prohibit disclosing the names of specific clients.
To what extent is that legally enforceable?
I can understand that I ...
1
vote
1answer
76 views
Sued outside a country
What happens when you get sued for civil matters such as breaching employment contract in one country, after you have already left to another country for good?
What is the general protocol for these ...
2
votes
1answer
93 views
Can an employee be effectivley fired by making their work really bad?
To my understanding
An employer is allowed to reduce an employees wage without reason
An employer can cancel or reschedule shifts without reason or send an employee home without pay
Canada is not ...
2
votes
1answer
99 views
Is it legal for Stack Exchange to not pay moderators minimum wage? [duplicate]
The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage.
The Department of Labor states:
Under the FLSA, employees may not volunteer ...
-3
votes
1answer
111 views
Can carelessness and lack of consistency in the hiring process be considered a form of discrimination?
I applied for a position as an independent contractor with a well-known tutoring company. Using their platform would have been an excellent opportunity for me.
Unfortunately, my application was ...
1
vote
1answer
77 views
Did not receive yearly bonus, despite being employed at the company during the bonus period
At my last place we had a bonus scheme based on performance. If you met all of your targets for the year the bonus was 5% of your base salary. If you exceeded all of your targets for the year the ...
22
votes
1answer
6k views
What are the limits of religious freedom in the workplace?
Federally in the US, only race, sex, and religion are protected classes, i.e. it's illegal to make employment decisions (hiring/firing/salary/promotion/etc.) on the basis of a worker's race, sex, or ...
0
votes
0answers
63 views
Is my employer liable for discrimination by forcing me to have desktop wallpaper that hurts my eyes?
My employer forces all work computers to use the same desktop wallpaper. Currently it is very high contrast and the colors are over saturated. It causes eye fatigue and makes text on the desktop hard ...
7
votes
2answers
11k views
Is it duress if you feel you are forced to sign a contract by an employer?
When I was promoted, I was given a significant sign-on bonus, but was made to sign a document that said if I left within 12 months, I would have to pay back the gross amount in around two weeks.
I ...
0
votes
2answers
71 views
Starting a business: is it legal to hire freelancers if you haven't registered the company yet?
The reasons I would want to delay the registration of this business as much as I can are:
I don't foresee having a single dollar of revenue until at least 2 years later (the product I'm building is ...
1
vote
1answer
56 views
Are intellectual property indemnity clause, which requires the employee to indemnify the employer, enforceable?
Jurisdiction is England (UK), and it's a clause in an employment contract (permanent).
The following question has been posted on reddit, and I happen to be on the same boat.
I've been offered a ...
0
votes
1answer
25 views
Referral Company submitted resume on my behalf without permission
I have utilized GlassDoor and ZipRecruiter in the past to look for and apply to new jobs. It was mostly a reasonable experience: I would apply for jobs I was interested in, and the companies would ...
-4
votes
1answer
103 views
Could the freedom to choose an Operating System be a legally enforceable basic human right?
Many employers demand that you use Microsoft's Windows or Apple's macOS if you want to work remotely from home even if they are not technical requirements. As a result this essentially amounts to ...
1
vote
1answer
96 views
Am I liable to my employer if I keep my notebooks past the term of employment?
As I work, I keep a notebook. At a high level, it is a list of things I need to accomplish on a given day, or within the next few weeks. Sometimes I also use it as scratch paper, which means that I ...
1
vote
1answer
112 views
Can an employer reprimand an employee for posting negative reviews on social media?
If an employee posts on social media that a company is bad to work for, can they get fired or reprimanded for it? What if they gave specific examples, like how the employer reduced their wage without ...
0
votes
0answers
21 views
Is there a specific term than “Provisions Relating to This Agreement”?
Because isn't pretty much everything in an employment contract a "provision"? Even if Employment Contracts use the vague "Provisions relating to this Agreement", I still want to know if there's a ...
3
votes
0answers
46 views
Must employer give 2 weeks work if work is shift work and employee gave notice
I work for a company that periodically asks employees what their availability is and assigns shifts based on that. The calendar with the shift information is about at it's end and a new one hasn't ...
4
votes
2answers
146 views
Must German job postings include “(m/f)” even in English?
As I understand it, German law requires companies posting job openings to address the gendered nature of the German language by including both the masculine and feminine forms of the job title (e.g., ...
2
votes
1answer
36 views
Difference between “1099-MISC worker” and “independent contractor”
I live in Massachusetts which recently passed a very complicated law for Paid Family and Medical Leave (PFML). I'm trying to understand my obligations under this law as described on this mass.gov ...
1
vote
2answers
99 views
How long must an employer hold a paycheck?
I am unable to pick up my final paycheck from my employer immediately. How long do I have under federal law to retrieve my paycheck before my employer is no longer bound to honor it?
2
votes
0answers
36 views
Evidentiary presumptions of gratuitous labor from family caregivers, varying by state?
Quoting from Claims Against an Estate for Care Rendered to a Decedent:
Many states have an evidentiary rebuttable presumption that services rendered to a family member are gratuitous in nature, so ...
1
vote
1answer
67 views
How does equal pay for substantially similar work (as per the California Equal Pay Act) apply to commissions?
I'm curious about the following scenario. If a business hires people and pays them a commission, is the employer obligated to be neutral in how it directs sales to each employee, in cases where the ...
1
vote
3answers
79 views
Can a severance package be negotiated? [closed]
If a University is laying off many people from a department. They will receive one, or two months of pay, and a lump sum for a number of employment years.
Would the members of this department have ...
0
votes
0answers
40 views
Work place photos/images
Can my employer force or require me to take a photo of myself? And then display the image publically at my work location?
-2
votes
4answers
193 views
Is there any US labor law which needs to be heeded by call centers staffed exclusively abroad? [closed]
It has now become a staple of everyday life in America that many of the call center which we reach when we call large corporations are staffed by individuals abroad. What is the legal basis for ...
32
votes
3answers
11k views
Can pay be witheld for hours cleaning up after closing time?
The bar in California, where I work, closes at midnight. We start cleaning (bar, kitchen, bathrooms, dishes) before we close, but only if it's not too busy. Once midnight hits, it takes 30 minutes ...
-1
votes
3answers
83 views
Do I have a case against my employer? [closed]
In March 2018, the financial advisor I worked with, trapped me in my cubicle and asked me if a lump in his groin area made his pants fit tighter. While pressing his pants down to show me the lump, he ...
3
votes
1answer
54 views
Hiring a UK resident and citizen to work remotely in a Finnish company (pre and post brexit)
Company A: a software development startup. Incorporated in Finland.
Person B: An UK resident and citizen
A is looking to employ B to work entirely remotely. Because of reasons, it is not possible ...
29
votes
2answers
14k views
Are employers legally allowed to pay employees in goods and services equal to or greater than the minimum wage?
In the United States, full-time employees (not contractors) must be paid a minimum wage per hour. Assuming both parties agree to it, are they legally allowed to be paid in goods and services equal to ...
22
votes
6answers
6k views
First amendment and employment: Can a police department terminate an officer for speech?
The following article from CNN describes a Michigan police officer being put on administrative leave for having KKK material at his home: https://www.cnn.com/2019/08/10/us/michigan-officer-placed-on-...
0
votes
0answers
25 views
Is it legal to work for an US company online on an F1 visa?
During my undergraduate years in India (as an Indian national), I used to work part time (~15-17 hours a week) for a certain company which is based in the US. The kind of work I used to do is ...
1
vote
1answer
103 views
Being sued over a promissory note [closed]
Background:
In April 2018, I was hired by a company A that outsources services. When I was hired, I signed two promissory notes for $25,000(local currency) for the concept of value of training for my ...
1
vote
0answers
55 views
Legality of forced, set charitable giving as a condition of employment
Is it legal, in a right to work state, for an employer to force charitable giving as a condition of employment? There is no choice in the charity, it is a specific one selected by the company. The ...
1
vote
0answers
33 views
Can a non US citizen work remotely for a US company and be under their payroll?
Some context: I've been in the US for almost 5 years under a F1 visa. In the last year I've worked under OPT for a company in the US. I have a SSN but my card says "valid for work only with DHS ...
2
votes
1answer
34 views
Working online from abroad in a USA organization
Which states in USA have legislations that allow organizations in that state to recruit people living abroad (they are hence not authorized to work in USA) to work online for that organization?
Or, ...
2
votes
1answer
71 views
I am being threatened by a former employer [closed]
I live in Florida and recently have been told my former employer is threatening to sue me and 2 other former employees. He said he is going to sue us for defamation/liable/slander, he gained access to ...
1
vote
1answer
126 views
Does a 16yo without a work permit have rights to the code he was paid to develop?
I am sixteen, and I have a summer job for a software company.
In my state (Maine), a work permit from school is required for someone of my age to have a job but it was never filled out. I assume ...
21
votes
1answer
2k views
Is it legal to have unpaid volunteer moderators (or other types of volunteers) on a for-profit community website?
It seems like everyone does it. I've never heard of a paid moderator (though I'm sure they probably exist). From what I've gathered, however, it sounds like having any kind of volunteers is illegal ...
