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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.

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0
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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
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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
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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
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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,...
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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
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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
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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
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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
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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
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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
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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 ...
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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?
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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
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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
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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
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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
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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
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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 ...
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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
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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
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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
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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
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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
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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
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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
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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 ...
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 ...