Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
4
votes
1answer
110 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
92 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
97 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
55 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
29 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
41 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
48 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
100 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
76 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
177 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
126 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
103 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
51 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
51 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
90 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
144 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 ...
2
votes
2answers
115 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
94 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
77 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
111 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
53 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 ...
2
votes
1answer
90 views
Is it legal for a an employer to require employees to undergo medical examinations
My contract has a clause
The Company reserves the right to require you to undergo a medical
examination at its request at any stage of absence due to sickness.
The company will pay the cost of ...
2
votes
1answer
59 views
Concealing Medical Conditions from Employer
If an employer asks an employee or prospective employee to fill out and sign a health declaration form (very common in the medical field) like this.
If the employee is afraid that revealing their ...
0
votes
2answers
107 views
Contract requiring the signing of a statement that may not be true when signed
I found an employment contract, in which the employee promises, upon termination of employment, to sign a "Termination Certification" and present it to the employer. The text of the certification is ...
1
vote
1answer
259 views
Is it legal to discriminate due to the medicine used to treat a medical condition?
I will present two different scenarios. Lets say Bob has PTSD from his time in the military. He wants to become an FBI agent. Here are the following requirements from the FBI to qualify;
- Must be a ...
3
votes
2answers
241 views
Can a company instruct employees to not call police?
As a manager, I received this email from my store manager that came from the district manager.
Team, you cannot call the police without my approval, if I am not available it would fall to (Blank) ...
0
votes
2answers
72 views
Prohibition of pledges and assignments
In lay-mans terms, what does a clause in a contract mean when it says:
The employee is generally prohibited from assigning or pledging salary requested to third parties.
The employer shall ...
0
votes
0answers
70 views
Poaching or not (England)?
An employee is leaving (not yet left) and at some point in the process of finding their new job mentioned other open roles to another employee who then applied for a role and also secured it. Can I ...
1
vote
1answer
35 views
If a party says something about interpretation of contract, is it binding?
Contracts can be complicated and lots of companies prefer to use boiler plate. If someone is asked to sign a contract and then asks a question about it, does the answer given by the drafter have legal ...
2
votes
2answers
294 views
Could I apply for a job at Hooters with the intent of suing for a settlement when they don't hire me?
The highest ranked answer to a previous question states that BFOQ exceptions (probably) would not be a sufficient argument for allowing Hooters to discriminate against a protected group. In fact the ...
-1
votes
1answer
70 views
I want to terminate my contract as an independent contractor [closed]
I'm in the US, California, and I entered into an independent contractor agreement while I was in college with this rich kid (trust fund kid) who was paying a low wage for my background to have me ...
-1
votes
2answers
63 views
Meaning of “restraint of trade” contract terms?
In a consulting contract is a section on "Restraint of Trade."
I've included the entire section for reference but the parts I don't understand are in bold.
12 RESTRAINT OF TRADE
12.1 ...
0
votes
2answers
72 views
UK - Do I accrue holiday when on paid leave?
I recently received a letter from my employer's HR department telling me that they've given me too much paid leave and they would like the additional money back, however, we are disputing the actual ...
0
votes
1answer
65 views
Is 'reading down' clause optional?
Specifically with regard to a UK/England employment contract. I am used to seeing clauses in contracts which state crudely that if one clause is found unreasonable, that clause alone will be struck ...
1
vote
0answers
54 views
A company finds out that it has made a material decision based on incorrect personal data, what should it do?
A company terminates an employee based on what it believes to be a record of the actions of person gained from log files.
Months later the company finds out that this information is not correct.
...
46
votes
3answers
14k views
Virginia employer terminated employee and wants signing bonus returned
A Virginia employee was terminated within 1 year of hiring because the on-site customer felt he was "too negative". Offer Letter:
Along with this offer, you are receiving a $10,000.00 signing bonus, ...
2
votes
1answer
97 views
How can I sue an empolyer for immigration status discrimination?
My situation is as follows:
I interviewed with a prestigious financial service company in downtown NYC.
A few days after my onsite, the head recruiter gave me a call saying "Congrats!" they would ...
0
votes
2answers
81 views
Is there anything illegal (U.S.) about sending clients something factual about former employer?
I have posted a bunch of other questions on here regarding my situation with an ex-employer/friend who owes me pay ($100K+) for my work on deals that have closed, meaning he has the money in-hand. He ...
0
votes
1answer
115 views
Is it legal to invite applicants to interview on the basis of sex?
A company advertises positions and receives far more applications from members of one sex than from the other. The company wants to interview the same number of people from each sex. It chooses the ...
-1
votes
1answer
62 views
Can I sue an employer for not providing the active employment I was promised?
I've been in mediations with Alorica, a call center here in my city, for some time now. I was offered employment on two campaigns, one of which was a week long, and I accepted those offers. My ...
5
votes
4answers
227 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
46 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
123 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
62 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
48 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
68 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
47 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 ...
