Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
470
questions
-1
votes
0answers
14 views
Can I bargain a severance package?
University is laying off many people from our department. We will receive one or two months of pay, and a lump sum for a number of employment years.
I am curious if I have any leverage when I am ...
0
votes
0answers
34 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?
-4
votes
4answers
146 views
What is the legal basis for outsourcing call centers?
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 ...
30
votes
3answers
9k 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 ...
0
votes
3answers
69 views
Do I have a case against my employer?
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 ...
1
vote
0answers
20 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 ...
0
votes
0answers
30 views
6 month sub-contract was signed with contractor and client didn't' move forward after contracts fully endorsed [closed]
I'm new to freelance consulting and just recently signed a contract which was my first lucrative one which was guaranteed revenue for 6-months. I was subcontracted and all contracts were fully ...
0
votes
0answers
23 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
94 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
52 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
30 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
32 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
66 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 ...
0
votes
1answer
119 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 ...
3
votes
1answer
116 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 ...
0
votes
2answers
139 views
My religion discourages use of direct deposit, but my state allows employers to mandate direct deposit. How should I navigate this situation? [closed]
Banking entities have been actively marketing to businesses in my state, attempting to get as many of them as possible to abandon traditional pay-stub-and-check payroll in favor of debit cards the ...
3
votes
1answer
130 views
Can an employer force all employees to open bank accounts in the employees' names?
[asking regarding federal law in the U.S.A. only]
Recently I have noticed low wage employers such as fast food and retail requiring employees to open a bank account through the employer. Such ...
0
votes
0answers
26 views
How is the EEOC “four-fifths rule” discrimination rule applied when rates are small?
The U.S. Equal Employment and Opportunity Commission (EEOC) in their UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES specifies:
A selection rate for any race, sex, or ethnic group which is less ...
1
vote
1answer
82 views
Does parental leave count towards extinguishing a debt to the employer?
My partner has recently been on a training course (paid for by the company, a substantial amount of money) with the caveat that she'll have to repay it (entirely or just part of it) if she leaves the ...
0
votes
0answers
22 views
In NJ, referring to the NJSRA, is “salesperson” different from commission-paid “independent contractor?”
There is a case in NJ that I believe is still pending:
https://www.leagle.com/decision/infdco20180914m30
New Jersey Sales Representative Act, N.J.S.A. 2A:61A-1, et seq. (the "NJSRA") [Docket Entry No....
0
votes
2answers
53 views
Does the employee or employer decide how to satisfy the tax withholding requirement for restricted stock granted as income? [closed]
I'm currently working at a startup and am going to receive some equity in the company through a restricted stock grant. The CEO inserted this clause into the grant agreement and it's giving me some ...
1
vote
1answer
63 views
Does the EU Blue Card allow to deliberately have 3 months of unemployment between jobs?
I'm from non-EU country and I'm getting a new permanent job in the Germany right now. The contract has the next paragraph:
§ 18 Post-Contractual Non-Competition/Contractual Penalty
(1) For a ...
1
vote
1answer
20 views
How to determine which court to apply to when parties are in different areas?
I am considering taking an employer to court. It would be regarding whether or not I'm a contractor or employee (and thus entitled to different benefits).
I am not sure which court I would apply to. ...
0
votes
1answer
51 views
Interpretation of Employment Award
Australia has the General Retail Industry Award:
Specifically regarding overtime:
http://awardviewer.fwo.gov.au/award/show/MA000004#P778_67718
My question is specifically around overtime for casual ...
0
votes
0answers
47 views
When can employer change pay (increase or decrease)?
Question
Can an employer decrease an employee's pay whenever they want (unless otherwise agreed to in a contract)? Out of curiosity can an employer increase pay at any time? Does it make a difference ...
4
votes
1answer
120 views
Terminated for significant other's religion
I want to be a bit vague on specific details and names as this is an active legal issue but in the state of Utah I was terminated a few months back after a couple years of employment for my ...
2
votes
3answers
105 views
Does one-way written communication bear legal standing?
This question is based on this question over on Workplace SE. I am neither the OP of that question nor in any way related to the OP, I'm asking this question out of personal curiosity. In brief, the ...
0
votes
0answers
101 views
ADA and reasonable accommodations
https://www.eeoc.gov/facts/jobapplicant.html
Q: Is it a reasonable accommodation to request to remove all the oral interviews for a candidate programmer who has, for instance, social phobia? Or the ...
0
votes
1answer
60 views
GDPR: Can I do anything that touches a system with live customer data if I have no instructions at all
I have just become aware of this particular Article 29, which has one good side: it is short.
The processor and any person acting under the authority of the controller or of the processor, who has ...
1
vote
0answers
34 views
In NYS, can a medical marijuana patient be fired or denied a job for a positive drug test result for THC?
In New York State, do medical marijuana patients have legal protections when it come to THC showing up in a drug test? Assuming they are both living and working within the state.
Additionally, do ...
0
votes
1answer
69 views
Big Data - Analysis from the entire population - Disparate impact
I am reading
Barocas, S., & Selbst, A. D. (2016). Big Data’s Disparate Impact. California Law Review. https://doi.org/10.2139/ssrn.2477899
Among other things, the article talks about the ...
-1
votes
3answers
51 views
Recruitment / Employment Law on agency introduction dispute
I have been working with this client for 3 years and recruited a number of permanent staff for them (recently there has been changes in their management). A month ago I submitted a candidate cv to the ...
0
votes
4answers
111 views
Typo in contract
I have a contract with an admin error in it. The termination clause is supposed to be 90 days, but the contract has a typo that introduces some ambiguity:
Either party may terminate this Agreement, ...
1
vote
1answer
83 views
Is this a violation of workplace law?
At my workplace, we can get paid for a maximum of 15 hours per week (they refuse to pay us anything beyond that), however, they indirectly expect us to work more than that (by giving us tasks, and ...
5
votes
1answer
205 views
Company wants me to sign a general release ASAP. I said no
I got let go today but my company (based in NYC) still owes me money, about $12,000 after tax, roughly. Shortly after letting me go, the company asked me to sign a general release. This, in theory, ...
16
votes
4answers
5k views
What are my options legally if NYC company is not paying salary?
UPDATE:
I was just let go today, May 8. After being let go, 2-3 hours later I was asked to sign a general release. Obviously I declined. I told them I cannot sign a general release as I have a claim ...
4
votes
2answers
139 views
Is this request for formal resignation right/fair?
I'm in a more-than-two-year fixed-contract job in the UK, ending in a few months (employee/employer type of contract). I just received an email stating:
For the record, I need to advise that there ...
22
votes
1answer
8k views
Is lying to get “gardening leave” fraud?
A group of my friends was celebrating one of our group securing a new job, and he was complaining about having to continue working at his old job for his 3 month notice period, we started discussing ...
0
votes
1answer
120 views
Can I be required to take a 2 hour unpaid break?
I live and work in BC but my work contract says it's to be interpreted by the laws of Ontario. I have a shift scheduled where there is an unpaid 2 hour break in between. So for example I work 9AM-1PM ...
-1
votes
1answer
55 views
Ask ex-employee / colleague for data removal that relates to company [closed]
I am not sure if this is off-topic but I would like to send a kind of formal email to one of my ex-colleagues to ask for data removal that relates to the company I am in still.
I remember that I ...
2
votes
1answer
67 views
questions about COBRA
I worked for a small business for 2.5 years. I recently resigned and put in my two weeks. I was told to clean out my desk and leave immediately.
The business is in Michigan, USA and employs 7 people. ...
1
vote
1answer
91 views
Do UK law degrees qualify someone to work as a lawyer in the US?
I am from Bangladesh. I did my Bachelor of Law, Masters in Law and the Bar (BPTC) from the UK. I have worked in the legal departments of companies and some freelancing in Bangladesh since 2012. I want ...
3
votes
1answer
38 views
Relative vs constant salary in US Employee and contract law
So I was listening to mathematician and economist Eric Weinstein, and he told an anecdote about salary in a hyper-inflationary economy. In the story, the employee and employer argue over the "fair" ...
2
votes
2answers
155 views
Is being terminated at the end of a shift/workday illegal?
I recall some time ago finding information that an employer firing an employee at the end of their workday was considered illegal. Discussing my recent termination with a friend, that was the first ...
1
vote
2answers
142 views
In the U.S are judges, attorneys, physicians, teachers, professors, politicians, administrative officers liable for ordinary negligence? [closed]
E.g can a judge be tried for mistrial because of ordinary negligence?
They are not employees or workers so that they could be reasonably absolved for ordinary negligence.
We expect employees to be ...
1
vote
1answer
117 views
Employee fired for reporting a serious injury, but in a roundabout way - How difficult is it to prove the employer's motive?
As per my previous question How do Florida's labor laws protect employees injured when asked to do something unreasonable?
A girl working in Florida insisted on filing an injury report after being ...
1
vote
1answer
82 views
Is there any recourse for a medical professional if a patient sexually assaults them in a small way?
Is there a recourse for a medical professional if a patient behaves inappropriately? (I would call it sexual assault but to be honest I don't know what would and wouldn't qualify for that definition - ...
1
vote
2answers
504 views
60 Days Notice for Teacher Contract
I am a teacher in NJ. I am relocating to a new state over the summer and I will have to resign from next year's job (I haven't signed a contract for next year but it's expected that I resign anyway). ...
1
vote
2answers
54 views
At what level of granularity is a client required to pay
This is more of a thought experiment more than anything else. But let's say for argument's sake that a client had a contract in place with a worker for 100/hr. And also for argument's sake, the worker ...
