Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
3
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1answer
76 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
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0answers
17 views
Can a company be founded & managed without a visa?
This specific question is related to Taiwan, but the answer might be similar to other countries.
It seems it is legally allowed to set-up a company in a country where you do not reside. However, you ...
0
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2answers
56 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
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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
31 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
347 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
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1answer
27 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
36 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
79 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 ...
1
vote
2answers
44 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
68 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
75 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 ...
1
vote
2answers
87 views
What recourse is there if opposing lawyer refuses to respond?
I am owed some money by former employer (which I discussed in another thread). I got some of the funds back but there are other issues that need to be resolved. The other guy has a lawyer and I have ...
0
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0answers
22 views
My 401K contributions were not matched
I left my ex-employer a few months ago in Texas, US, being there for less than a year (I was under harassment, reported it to HR, and in response, they asked me out suddenly). I had %5 match rate. In ...
0
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0answers
8 views
Consistent overtime revoked after 2 years [migrated]
I'm asking some advice for my mum.
She was hired around 2 years ago in a team leader and customer-facing role. She wanted to employed full time but the company did not want to pay for this. They ...
0
votes
3answers
58 views
Can you be fired over behaviour in a second/previous job?
This is quite long-winded and I've tried my best to simplify it as much as possible. I'll clarify if needed.
Legal Jurisdiction here is US and UK law (if there's a difference)
There are three ...
1
vote
1answer
40 views
Employee intimidation
A relative of mine has worked at a small company for the past 10 years as a senior design engineer.
The MD (and owner) of the company asked him to go and spend the day with another employee filling ...
1
vote
1answer
58 views
Employer is damaging my reputation with client
I took a job a year ago for which I am significantly over-qualified, because it allowed me to work from home while I convalesced from two major surgeries. During that time, I have observed myriad ...
2
votes
1answer
51 views
Can I ask my employer for details held about me?
A company runs a transformation exercise. It asked for employees to fill out answers against questions, which are submitted to a portal and assessed by a number of employees and scored. These scores, ...
0
votes
1answer
45 views
Employer lied about charitable contributions
I have been working for a year for a privately held company that prominently touts in it's recruiting process that it gives 20% of it's profits to charitable causes. But it doesn't, at least for the ...
1
vote
1answer
62 views
Can someone on maternity leave in the UK earn money by taking freelance work?
Let's say I work as a social worker (taxes through PAYE) and am on (statutory) maternity leave.
Let's say a local contact centre are looking for people to work there, on a freelance basis.
Am I ...
2
votes
1answer
43 views
Ontario non-compete clause: can new employer hide NCC requirement, until time of job start?
This is in Ontario, Canada in an IT company.
Recently I have received a job offer from a US based company, at their branch in Ottawa. The company and I have been in discussion for weeks negotiating ...
1
vote
3answers
67 views
Can a religious employer prohibit public advocacy?
I work for the Roman Catholic church in the USA. I am an administrative assistant with only very rare dealings with the public. When I was hired I was told by a Human Resources representative that if ...
2
votes
1answer
138 views
Employer did not accept resignation in Germany
I'm currently working for a company in Germany and the notice period is two weeks. I sent my resignation via E-mail.
They told me after 3 days that they did not accept it because I need to send it ...
1
vote
0answers
31 views
Is work done on paid time off “work for hire” in California?
I am curious about this, because my understanding was that unless my employment contract stated to the contrary, work done in my spare time without using company resources is not “work for hire” in ...
2
votes
0answers
57 views
Can I sue the company for providing misleading info and terminate the employment even when I didn't do anything wrong?
The company L was offering me a lower salary than my previous job. I negotiated and was ready to turn it down if they can't make the salary enough to make a true lateral move. Finally, after 3 rounds ...
0
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0answers
27 views
Must an employee work any certain amount of time at a company in order to collect unemployment benefits? Also question about changing careers.
Jurisdiction is Minnesota, but I’m generally curious about how this works. This is purely hypothetical and I’m not looking for legal advice.
Let’s say a person is a project manager for a lot of ...
4
votes
3answers
84 views
How to legally contribute to open source projects (and other public stuff) in Germany?
Being a software developer it is very important to contribute to public projects and participate in public professional activities. This includes open source projects (which may belong to other ...
0
votes
1answer
80 views
Not joining a company after signing offer letter
I have been working in Singapore on S-Pass for last 11 months in an IOT product company. I got an offer from a services company in SG, they got me an Employment Pass and I have to join the on x date.
...
1
vote
2answers
78 views
Can employers fire someone for “lying” on personality questionnaires?
Many employers, typically those offering minimum wage jobs, have applicants fill out a personality quiz. They usually probe whether the applicant believes stealing is justifiable, if they value their ...
1
vote
2answers
65 views
How do rules of conduct apply when acting in a pro hac vice role in another state?
A lawyer's client sent me a mild threat via text message. I have contacted the attorney on 4 separate occasions requesting an explanation/response from the attorney. They have not responded. Are there ...
0
votes
1answer
51 views
Do any states provide legal authority for administrative agents to perform official state actions when they are “not working”?
Context: A state OSHA compliance officer drives onto private property in an unmarked vehicle, exits their vehicle, announces "who's in charge?", then states that they are "not working"; that they just ...
9
votes
3answers
2k views
Will my employers contract hold up in court?
When I started a new job back in July of 2017, I signed a contract that had the following bindings or restrictions if I was ever to leave the company:
Cannot work for a competitor within 25 miles of ...
0
votes
1answer
38 views
Employee rights to access performance data
I currently work in NH, USA. I am going through the process of a mid year review with my manager. To prepare the employee perspective I requested a report from our Work Flow system to identify the ...
0
votes
1answer
50 views
What does proportionate exactly mean here?
In an offer letter offered to me by an organization it states that:
If the trainee leaves the service of the corporation before expiry of
the bond period, he shall pay damages to the corporation ...
0
votes
1answer
48 views
Work problem and don’t know what to do
I’m doing a cleaning job for a school under an employer. The contract ended and they lost the account and the school wants to hire me directly to stay there because they love the way I do my job.
But ...
0
votes
1answer
73 views
What recourse does an ex-employee have when commission/wages are being withheld by employer?
I recently left a position while still owed commissions for a deal that closed after my departure. My activities, duties, etc. on this deal were completed. I simply needed to wait for the other ...
0
votes
2answers
62 views
Can my work force me to pay for their compulsory in-house training?
My contract with work states if I leave within 18 months I must pay for the mandatory training they sent me on of £1800. I am already qualified in my field and this course was just to learn their way ...
0
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0answers
34 views
what criteria do 1099 contractors have to be considered employees?
Let’s say someone owns a hairstylist shop. They have people who come in and cut hair but they pay them on a 1099 basis. However, they require them to be there at certain times and perform work that ...
0
votes
1answer
58 views
Redundancy with no consultation
I was recently made redundant after working at the company for just over a year.
I was given no indication before hand that I personally might be made redundant (although other departments in the ...
-1
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2answers
144 views
Can I sue my employer for wrongful firing?
So I am looking to possibly take legal action against a former employer of mine that had--in my opinion wrongfully terminated me. I'm wondering if this is possible based on my case. Here is my case:
...
48
votes
9answers
36k views
Can I terminate an employee for qualifying for a job through a “degree mill?”
We have recently put together an HR unit, which reviewed all our employees and found that one has an unsatisfactory qualification (BA in Public Relations from an unaccredited college). HR suggested ...
4
votes
3answers
106 views
Can one reasonably respond to a bogus employer demand letter without a lawyer?
A strange situation has came to me recently. Me and my former employer have not parted on the best of terms, and a few months later, I have received a letter from an attorney representing my former ...
1
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0answers
27 views
Contract and back dated pay
So basically I am in a situation where I finished my apprenticeship at a big company and was promised a pay rise in February that still hasn't happened. I was taken on with a fixed 12 month contract ...
2
votes
1answer
137 views
Is it legal to deny employee reimbursements for meat?
WeWork appears to have instituted a policy where they prohibit their budgets from being used for purchases of red meat, pork and poultry, citing sustainability.
www.theguardian.com/environment/2018/...
2
votes
1answer
105 views
Company changes its legal name but not that on its staff handbook. Can I ignore the staff handbook?
In UK employment law, the staff handbook often forms part of the contract.
I work for Company XYZ. This is clearly stated in my contract. The handbook is for Company ABC, which is my employer's old ...
4
votes
1answer
412 views
Does a Company Handbook effectively constitute an extension to the Employment Contract
In my employment contract it is stated (in so many words1) that I must adhere to the rules set out in the company handbook.
Does this make the handbook an extension of the contract? Out of which ...
1
vote
1answer
110 views
Hiring someone for one time event, employee or contractor?
If a person who would normally be classified as an employee is hired for a single one day event, would this allow classification as an independent contractor?
For example, say a company that does not ...
2
votes
1answer
22 views
In Australia can you take Personal leave to look after a sick child or partner?
Under Australian employment law are you allowed to take personal leave to look after a sick child or partner?
Is personal leave the correct category or does it depend on employment terms?
1
vote
1answer
41 views
Can a Union CBA circumvent Right to Work?
if an employer is in a Right to Work state, Can a union create a contract with an employer that requires the employer only keep union employees on payroll?
