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Questions tagged [employment]

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

5
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4answers
166 views

Legally, in the U.S. (NY, NJ, FLA), what determines the difference between a THREAT and NEGOTIATING, for either side?

I have been told that lawyers who are "negotiating" a settlement (or similar) have quite a bit of leeway when doing so as far as not being legally held to certain things they may say or offer during ...
0
votes
1answer
43 views

Can a month be considered four weeks of work in employment case

If I worked for a month I am entitled to 7 days pay in lieu of notice. I worked from 10 Dec 2018 to 4 Jan 2019 four weeks. Is there a case law example where four weeks is considered a month?
1
vote
1answer
99 views

Is it legal for employers to ask for social media handles?

is it legal for employers to ask for social media handles in job application or pre-employment forms? If it is unrelated to the job? I understand for jobs like marketing, modeling etc. where a large ...
-1
votes
1answer
49 views

How startups are able not to pay minimum salaries to their employees?

Is it legal not to pay employees a salary (even not a minimum) and only incentivise them with an equity reward? Do I, as the owner of the company, have to pay a salary for myself?
2
votes
1answer
37 views

Can a former employer (U.S.) use/withhold owed commissions as leverage?

I am in "negotiations" with a former employer. There are written (text message: "You will be paid on X and Y when/if they close) agreements in place for 2 of my deals. One just closed, the other in-...
0
votes
1answer
49 views

Recovery for loss of employee: Actio per quod servitium amisit?

I have a course question that involves an employer whose employee is injured by a third person. Knowing that some businesses can suffer great losses with the injury or death of an employee, I Google ...
0
votes
1answer
40 views

Is employer liable for theft of personal property

If I bring say my headphones to my work, and they are stolen under the following circumstances, can I legally sue my employer and prevail, i.e. they have a duty to provide reasonable safety and ...
1
vote
2answers
47 views

How hard is it to sue and win an employer wrongful termination or other suit

A person was hired for computer programming work. He was hired on salary. It was expected to be a full-time, 40 hours per week thing. The company has traditionally, when asking people to work a ...
3
votes
0answers
26 views

Is there a difference in “termination of employment” qualifying event trigger between group health insurance and 401(k)?

My job uses a Professional Employer Organization to handle payroll and benefits. This is a coemployment relationship, not temp/staffing, nor subcontract. The PEO is the issuer of my W-2 and listed ...
0
votes
0answers
21 views

TUPE EU Directive - Employee Undertaking Business After Notice Of Dismissal

We have decided to wind up our business due to economic circumstance. We have given our employees notice. Since dismissal, one employee has expressed an interest in the business. They have said they ...
1
vote
3answers
64 views

Verbal confirmation of contract extension but fell through?

I have been working as an apprentice in a workplace for 1.5 years now in the UK. I was told verbally that I'd be kept on for the next level alongside another apprentice. Shortly after this a message ...
0
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0answers
26 views

Does the minimum salary test apply to small companies?

There are lower wage requirements for smaller companies. Does the minimum salary requirement/test for computer professional exemption in California (which is much higher than the federal requirement) ...
0
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2answers
102 views

Am I owed this profit-sharing benefit after quitting?

This is in California. I quit a job over a year ago and finally, just recently, got the last profit-sharing benefit. But when I saw the amount, it looks like I got 3-5% of my wages for the eligible ...
196
votes
7answers
42k views

If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?

There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return ...
0
votes
2answers
70 views

Does a non-competition clause bond me to a minimum term of employment?

I am an IT instructor in a private educational institution in British Columbia, Canada. They gave me a agreement which includes a section “non-competition clause” with these lines: He or she agrees ...
0
votes
2answers
59 views

Legally withold payment for services rendered beyond a weekly limit? - Canada

If a contract specifies that work be rendered for services between 8 and 16 hours per week, and the month averages to 16 hours per week but certain weeks are in excess of 16 hours, is it legal to ...
1
vote
2answers
35 views

License to grant intellectual property of paper created in a company [closed]

Is there a license -Open Source license, maybe- which grants the intellectual property on a paper (how-to guide, for example) I have created in a company, even if I work for it? I would like to make ...
2
votes
0answers
61 views

(NC, USA) Employer promised in interview (and verified by email) that time off was paid. Now saying it isn't after I came back

This actually happened to my wife but she's under too much stress to deal with it and I'm not a citizen so I'm less sure what to do. Timeline: In October she did an interview, having already booked ...
2
votes
1answer
58 views

Can my employer deduct my holiday bonus from my check if I quit right away after receiving the bonus? [closed]

I received a bonus in a xmas card from my employer. I also quit that day. When I received my last paycheck, the bonus was deducted as a "gift deduction". Is this legal? It was not a loan or anything ...
0
votes
1answer
64 views

Difference in severance package between 2 employees within a one month span

In my ex-company, there were 2 layoffs with in a span of 1 month. In the 1st layoff, the severance pay package was better than 2nd layoff. Will the employees affected in the 2nd round have any ...
3
votes
1answer
96 views

Can my employer hold my 401k funds and not allow me to continue to contribute? [closed]

My employer stopped taking my my 401k contributions after 12 years of my participation. They said since I am a union member I was never really eligible. However they won't release my funds so that I ...
1
vote
1answer
23 views

Can a Non-EU citizen who worked in a EU country with specific work permit have the right to apply to ECHR for workplace discrimination?

I am a citizen of Turkey, not of the EU. I worked in Ireland with a Critical Skills Employment Permit. I sued my employer for Workplace Discrimination. I decided that the case was not dealt with ...
4
votes
2answers
419 views

Is this Intellectual Property clause over-reaching?

Here's an extract from my (employee) contract All rights to any material and results, and all intellectual property rights related thereto, made, written, designed or produced by Nathan Cooper ...
1
vote
1answer
66 views

Can an employer steal intellectual property?

Say someone wrote some software PRIOR to employment at the company where they currently work. They presented it to a CEO and three other high level employees of the company. They expressed, what the ...
0
votes
1answer
24 views

Where could I find interest accrual rates for wage garnishments?

I am in the process of filing for a wage garnishment again a previous employer and one of the forms as asking me to supply the interest rate that the outstanding balance will be increased by if not ...
0
votes
1answer
82 views

Can someone be fired for working less than 42.5 hours

In Colorado is it legal to fire an employee only on the basis that they have put in fewer than 42.5 hours weekly?
-1
votes
2answers
223 views

Can I take an employer to court for false promise? He promise me a temporal job for 2 months and din't fulfill that promises? [closed]

Can I sue a person for don't fulfill his promise? Sorry for the long story. We are "friends" from long time ago maybe from 2010. He started his own small business 4 or 5 years ago and sometimes asked ...
1
vote
1answer
49 views

Legality of employment contract clause - Training reimbursement

I have a German employment contract which stipulates that if I was to leave the company before a certain time, I would have to pay back (some of) the cost of training to the employer. In this case, ...
1
vote
1answer
92 views

What questions can be asked in interview? Can questions that can be used to illegally discriminate be asked?

I'm part of a group that gets job openings for short term contract gigs, often done in retail environments. During the interviews or online application process, a lot of companies ask for rather off ...
0
votes
1answer
161 views

Mandatory Lunch in UK - Really?

My employer has recently said that I MUST take lunch, at 30 minutes minimum. Is there anything I can do to fight this without losing my job? They cite "burnout" as the reason. I smoke (please avoid ...
0
votes
1answer
61 views

Claim for unpaid wages in NY

I was working as a Software Engineer (Contractor) employed by a contracting company "A" located in California but working for the client company "B" in New York state. The issue is that I didn't get ...
1
vote
2answers
52 views

Puzzle - different middle names, What is my legal name for employment in the U.S.?

I am a US citizen. My birth certificate and passport have always had different spellings of my middle name. Same name, but with slightly different spellings. In previous jobs in the U.S. I have used ...
2
votes
0answers
74 views

Is it legal for an employer to implant chips in the body of employees?

It is being reported in the media that employers in the UK are planning to microchip employees. Can such a procedure be legal? A qualified medical professional would only be allowed to perform the ...
0
votes
1answer
74 views

What are “non-union states”?

I'm watching a lecture by Robert B Reich. He's talking about a hypothetical case in which Bob, a CEO of some corporation, wants to "move the US plant to a non-union state" to reduce wages. I ...
3
votes
1answer
203 views

Can a franchise owner avoid paying overtime by splitting employees between locations?

(Based on this question from workplace.SE) Can a fast food franchise owner avoid paying overtime by splitting employees between two nearby locations, say 20 hours at location A, and 25 hours at ...
3
votes
1answer
106 views

Can typical US employers legally fire green card holders for refusing to apply for naturalization?

8 USC §1324b(a)(3)(B) makes it illegal for employers to discriminate against permanent residents, unless said permanent residents have failed to apply for naturalization within 6 months of becoming ...
2
votes
1answer
57 views

Do French labor laws allow for the firing of employees for scheduling disagreements?

I'm doing research on the effect of highly restrictive working conditions on poverty. More specifically, I'm investigating how a number of low-skill, shift-work jobs in the United States, like fast ...
1
vote
1answer
50 views

Six months probationary period

I have read and understand 6 months probationary period rule, that employee exceeds 6 months of probationary period shall be regularized otherwise informed by the employer to not continue. Now the ...
-1
votes
1answer
67 views

Is this non-compete contract valid?

I worked for Russian IT bodyshop company A. I've got a good proposal from one of its Italian clients B recently to relocate and work directly for them. But there is one problem: B says they have a ...
3
votes
1answer
128 views

Employee Handbook conflicts with State Law, Which Supersedes Which?

Under my State's (Colorado) law, C.R.S. § 8-4-101(14)(a)(III) states, Vacation pay earned in accordance with the terms of any agreement. If an employer provides paid vacation for an employee, the ...
0
votes
2answers
73 views

Are USA private sector employees entitled to federal holidays?

I was raised to believe that federal holidays are to some degree sacrosanct, namely, that even private employers can't compel employees to work on them (i.e., employees are technically protected ...
2
votes
3answers
2k views

I was fired for refusing to work with Typhoid, do I have any recourse?

I was fired for not showing up to work as ordered. This is after explaining to my boss over the phone that I have Typhoid, and working with food would endanger the guests to the restaurant/arcade at ...
1
vote
1answer
63 views

Can a call center employee be forced to monitor a technical problem off the clock?

I work from home for a virtual call center. I provide my own equipment but am required to use their software to connect to them, which often has problems. When these arise, and they cannot be resolved ...
1
vote
2answers
369 views

May I legally work in a restaurant with typhoid if the employer knows?

I contracted Typhoid while visiting family in Central America for a funeral. I work minimal wage at a restaurant/arcade preparing food, and cannot afford to miss work. My boss will not allow me paid ...
0
votes
1answer
35 views

Attention and Effort Clause (State of Washington, USA)

I need some clarification on this Attention and Effort clause in a non-compete document presented to me (as part of an employment offer). ATTENTION AND EFFORT. During employment, Employee will ...
4
votes
0answers
70 views

How much privacy about my health am I giving up if I participate in my employer's wellness screening program?

My employer is having a "Wellness Screening Fair" where you can receive free testing for things like cholesterol and insulin, and I imagine advice about how to interpret the results. Sounds good.. But ...
1
vote
2answers
90 views

When is Pro Hac Vice an actual thing?

"I am licensed in the State of Texas and have been admitted on a pro hac vice basis for a case I am handling in Florida. I am not licensed as an attorney in Florida." This is what a lawyer wrote to ...
2
votes
2answers
53 views

Government employer obligations for refusal to hire based on allegiations

The Kavanaugh hearings have brought up an interesting point. What are the legal obligations of a government employer, when it comes to handling allegations against a prospective employee? I would ...
3
votes
1answer
107 views

Seeing a co-woker's salary on his screen

My friend is facing the following problem: Her boss left the computer open and she then looked at his screen, where the salary of a coworker at her level (who since has left the company) was ...
2
votes
2answers
97 views

Is it actually illegal to ask about things such as pregnancy/family status/etc in a job interview?

I often see articles saying questions are illegal to ask when interviewing a candidate. Something like this is a good example: Are you planning on becoming pregnant in the near future? Are you ...