Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
605
questions
5
votes
1answer
157 views
Does a store have to hire someone with conflicting views on the pandemic?
Suppose a store is considering an employee for hire when a social media review finds views that conflict with both prevailing governmental advice as well as the views of management. If the discovery ...
68
votes
5answers
13k views
Why is stealing from an employer a criminal act when stealing from an employee is a civil act?
Here is the full question with all the context and details:
In the majority of cases in the U.S. about theft at a workplace, why is the matter usually tried in a criminal court when the employer is ...
1
vote
1answer
33 views
UK Copyright and IPR in the course of employment: Employee vs Worker
https://www.legislation.gov.uk/ukpga/1988/48/section/11:
2)Where a literary, dramatic, musical or artistic work or a
film, is made by an employee in the course of his employment, his
employer is the ...
0
votes
1answer
170 views
Is “canceling” people tortious interference?
Is "canceling" people tortious interference?
As a concrete example, Richard Stallman (RMS) is/was employed by the Free Software Foundation (FSF), MIT and other organizations. He voiced ...
2
votes
1answer
93 views
Is employment discrimination against obese people legal?
Some scientists have proposed links between obesity and personality traits, e.g.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2914627/
More self-controlled boys and girls are less likely to become ...
10
votes
6answers
6k views
Is the requirement to have any type of degree or certain amount of years worked discriminatory?
I am mostly curious about qualified candidates that cannot prove their skill, because they cannot get it to the interview.
I'm a developer, but the question is not focused on IT. I've had two cases to ...
0
votes
1answer
59 views
Are anti-employee-poaching clauses in contracts enforceable?
Many companies have so-called "anti-poaching" clauses in job contracts to prevent employees that leave from referring their old colleagues.
I heard some large tech companies have got in ...
28
votes
6answers
6k views
Is the requirement to have positive attitude discriminatory?
Many companies list "positive attitude" as a requirement for the candidates, including job positions that have nothing to do with customer service or management (for which jobs it could be ...
0
votes
1answer
85 views
Can employer deduct minutes worth of pay for clocking out few minutes early?
I started working in a retail store. We are scheduled to work for 30 minutes after the store closes to finish the closing procedures (such as turning off lights, locking doors etc). For example if the ...
4
votes
1answer
218 views
Must an employer provide a break room/lunch room to its employees?
I started working in a retail store. It has no lunch room, break room, or a place where employees can sit comfortably to relax. In practice there's a storage area where people use bins to eat their ...
2
votes
1answer
131 views
Can an employee be disciplined for breaking a rule that is clearly not usually enforced?
I started a new job working in a retail store. The employee handbook has several official rules and policy which are clearly not enforced. For example
no dogs in the store
no cellphones at work
...
1
vote
0answers
29 views
Can an employer mandate an EUA-approved vaccine?
Liberal political commentator Matt Yglesias just tweeted this:
I’m not an expert in Vaccine Law.
But the military requires a lot of vaccinations but says it can’t require the Covid vaccines because ...
25
votes
4answers
7k views
Can Hollywood discriminate on the race of their actors?
Under the Civil Rights Act of 1964 and later addenda, employers in the US "cannot discriminate" on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), ...
0
votes
0answers
27 views
Can a business (under an LLC designation) have un-paid labour?
My question is simple/straight forward (i hope). You may assume the business is for-profit, but I would love to know what the rules are for non-profit.
Here is a scenario just to give some layout/...
3
votes
2answers
174 views
Can an employer ask an employee about personal health matters (HIPAA) and COBRA decision in public?
Hypothetical Scenario (in the US):
Susan's employer, MoneySavers, offers COBRA to employees who separate from the company. Susan has given her two weeks' notice (she has quit her job) and will soon ...
1
vote
1answer
94 views
Does this non-compete clause basically mean the signer can't work in a similar job for 6 months after quitting?
In a non-solicitation contract there is a section that reads as follows. Does this bar the signer from working in information technology sector for 6 months? Put simply, does this means he would have ...
1
vote
1answer
59 views
Is there a penalty for late registration of self employed status in Germany?
I believe it is the case (please correct me if this is wrong) that if someone earns money in Germany on a self-employed basis, then they are supposed to register as self-employed with the local ...
-2
votes
1answer
29 views
How to employ people from another country where they live abroad? [closed]
I'm setting up a tech startup but I want to employ people from anywhere in the world.
My base would be the UK, but as my startup requires web engineers which are a rare commodity on today's market, ...
1
vote
1answer
73 views
When does “forced flex time” become “unpaid overtime”?
Jurisdiction: Ontario, Canada.
Facts:
Salaried employee.
Employer has made it very clear that working hours are strictly 9:00 - 12:00, 1:00 - 5:00. No flex.
Clients often request services outside of ...
0
votes
1answer
88 views
Non FDA approved Covid vaccine required by employer
Can an employer legally require employees to get the NON FDA approved covid vaccine or be terminated? Where is the legal information on this? The concern is it being non FDA approved and requiring it. ...
2
votes
2answers
163 views
Are companies at sexual discrimination risk for using whiteboard interviews during the job interview?
Background
Currently, many companies hiring software development engineers use a whiteboard algorithms interview technique. This involves asking the job candidate to code a solution to an algorithm ...
2
votes
1answer
48 views
What is the extent of this “invention” clause in this contract?
OWNERSHIP OF WORK PRODUCT, IDEAS, INVENTIONS, DISCOVERIES AND TRADEMARKS
I shall promptly disclose to (COMPANY) all ideas, inventions or
discoveries, whether or not patentable, which I may conceive or ...
0
votes
1answer
44 views
EU potential employer asking for Police Clearance Certificate because of my nationality
I'm from Portugal and living in Poland now. I have passed a recruiting process for a Danish company here in Poland.
The company stated that as I'm not Danish, nor Polish, I should go through an ...
3
votes
3answers
338 views
Can I ask a potential employee if they are colorblind?
We have an inspector's position open. The job duties are to perform detailed inspection on parts we manufacture. Our customer requires that their parts be inspected by someone who is not colorblind. ...
0
votes
0answers
33 views
Does whistleblower protection apply to very minor violations?
This is a hypothetical example of the kind of minor violation I'm talking about. This is not an actual situation.
Suppose a company has the rights to use some music videos, so a boss tells an employee ...
0
votes
0answers
69 views
Patent ownership for inventions by employees on unpaid COVID leave
According to the employment contract, anything an employee comes up with, at any time (e.g. during weekends and completely unrelated to work) is the property of the company. It seems harsh but as ...
0
votes
1answer
87 views
How do affinity groups (e.g., employee resource groups) not violate discrimination laws?
A lot of companies have these, Women's groups, Black groups, LGBT groups, etc. Some of these groups are open for non-identifying folks to join (e.g., as allies) but some are not. For the ones that are ...
1
vote
1answer
76 views
Could a nursing home accept payment to 'hire' someone for a one hour a month part time job to get a vaccine?
The Covid-19 vaccine is being released first to people who work for nursing homes, hospitals etc. In theory if someone values getting the vaccine as soon as possible they may be willing to go to ...
1
vote
2answers
69 views
Can we issue a certificate of employement for someone if our company is not legally registered? [closed]
I was a co-founder in my friend's startup for 6 months in India. It was something out of passion, not about money. So, the Company wasn't registered legally, all 10 of us were volunteering our ...
22
votes
2answers
3k views
Could the GoDaddy employee self-phishing test constitute a breach of contract?
Recently, GoDaddy executed a self-phishing test against its own employees. The message that employees received said that they could claim their holiday bonus by submitting their contact details on ...
2
votes
1answer
42 views
Is it standard to have “subsequent employment” clause when signing a NDA/IAA for a freelance project? And is it enforceable in New York?
I am considering doing a freelance project but the prospective client want me to sign a IAA which has a clause that reads:
"Subsequent Employment. In consideration of the Company's promises ...
-1
votes
1answer
86 views
Is an employee liable if he used pirated software at work (small company)? [closed]
So I know someone who suggested a pirated software to use at work and the company honored it.. Now they are being fined by the owner of the software for 10,000 Euros.. The company told him and the ...
0
votes
1answer
117 views
Job interview and negotiation for reasonable accommodations
Is there any legal framework for the process of negotiation of reasonable accommodations for the job interview?
As far as I understand, the candidate needs to provide a letter from their doctor that ...
0
votes
1answer
103 views
Claiming workplace vaccine exemption
What are the required elements of valid claims for workplace exemptions of the following types? Exemption would be for an employer-required vaccination against some communicable illness.
Medical: I ...
0
votes
1answer
68 views
Liability for vaccination required by employer
Suppose a current employee of some company is required by that company to receive a certain vaccination to remain employed. If the employee suffers damages by receiving the vaccine and it can be shown ...
3
votes
1answer
103 views
Why am I given a contract for services instead of a contract for employment?
I work at a UK university doing part-time teaching. I was looking into statutory sick pay recently, which I see can be claimed by someone on an employment contract. When I look at my contract with the ...
3
votes
3answers
183 views
How do executives pay themselves $1 per year without running afoul of minimum wage laws?
Many executives, especially chief executives, receive nearly all of their compensation in stock. Both for public perception, and for tax reasons, Elon Musk, Eric Schmidt, Jack Dorsey, Larry Page, Mark ...
1
vote
2answers
111 views
Can an employment contract exclude “reasonable notice at common law”?
In an employment contract, is this enforceable?
The Company may terminate your employment at any time, without just
cause, by providing you with the minimum notice or pay in lieu, that
you are ...
4
votes
5answers
219 views
Can a US company ask prospective American employees, contractors or partners about their country of birth?
I decided recently to sign up as a seller on Amazon.com.
The first step of the registration process however, asks about the applicants "Country of Birth".
Is this legal?
That seems to ...
1
vote
2answers
563 views
Is it legal to work two full-time, salaried, software engineering jobs at the same time?
I have two offers from two companies, both for salaried, 9-5, remote, full-time, software engineering jobs. I am skilled at my trade and can easily handle the expected work load of both jobs at once. ...
2
votes
3answers
120 views
How do I check that my work is not “work made for hire”?
I work as a secondary public school teacher in the US. I teach a fairly niche subject, that has few resources for. I am working on writing my own textbook set for this subject area. It will include a ...
0
votes
1answer
68 views
Is it legal to work more than more than 48 hours in EU with multiple jobs if one is a freelance job?
I am working full-time as an International research assistant (in a University Library) in Germany. A startup (based in London) asked me to work with them as a research consultant (a kind of ...
2
votes
1answer
99 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 ...
0
votes
0answers
26 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 ...
3
votes
1answer
122 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 ...
0
votes
2answers
84 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
votes
1answer
187 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 ...
28
votes
2answers
7k 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
votes
1answer
41 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
votes
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 ...
