Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
582
questions
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0answers
64 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
73 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
73 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
66 views
Can we issue a certificate of employement for someone if our company is not legally registered?
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
39 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
82 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
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1answer
64 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
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1answer
96 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
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1answer
65 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
99 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
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3answers
171 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 ...
0
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1answer
50 views
Can a contract exclude “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
213 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
156 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
115 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
56 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
96 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
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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 ...
2
votes
1answer
113 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
78 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
181 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
40 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 ...
0
votes
1answer
60 views
Can a US company employ Iranian person outside US?
I have seen this link about Iranians working remotely for a US company. But it's (1) old and (2) about working remotely while living in Iran.
I want to know that can I, as an Iranian, get employed in ...
1
vote
1answer
69 views
Is it illegal to proactively request to accommodate people?
I am at a point in my career where I foresee me being involved in interviewing and hiring within the next 5 years. I am already involved in some manner with the process of terminating people because I ...
25
votes
2answers
7k views
Can a university make rules about students' lives outside campus?
I recently noticed that my university has a Covid-related policy stating that students are not permitted to attend public gatherings off-campus. Today, they officially stated that students breaking ...
1
vote
2answers
102 views
In BC is there an automatic probation period for new employees?
If an employee works less than 3 months are they entitled to any notice before being fired without cause? Does it matter if they're given some kind of warning or explanation?
I was reading this ...
0
votes
0answers
24 views
Out of country court case related to employee / employer financial claim
I am a contractor in Ontario, Canada. However, I am not a citizen of Canada or the US. I am contemplating a court case against my contract-employer in the US, regarding non-payment of my salary ...
1
vote
2answers
94 views
Are provisions requiring employees to provide certain amount of notice before quitting, enforceable?
To my understanding giving 2 weeks notice when quitting is customary, though not legally required. Can an employment contract stipulate that the 2 weeks are mandatory?
I'm curious how it would be ...
0
votes
1answer
60 views
Can a company change a policy and enforce it like this?
If an organization offers an online education policy as a perquisite (after being employed for a certain period) and the policy states that it's free for the employees if they opt-in and they'll have ...
2
votes
2answers
145 views
What is the point of Devotion of All Working Time clauses?
In an employment contract I red:
Devotion of All Working Time: During your employment, you shall devote the whole of your work time, attention and abilities to your duties and shall give the Company ...
29
votes
9answers
6k views
How will anyone know if an employer fires an employee for an illegal reason?
From wiki:
At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish &...
0
votes
1answer
44 views
Can an employee complete the I9 form remotely?
This USCIS instruction says that:
Employers may designate an authorized representative to fill out Forms I-9 on behalf of their company, including personnel officers, foremen, agents or notary public....
0
votes
2answers
55 views
Can a district rescind an offer of employment?
I applied and interviewed for a school counselor position--I am highly qualified, have experience and fantastic references. The principal called me at 6 pm to offer me the position. I said I wanted to ...
5
votes
5answers
793 views
Can a White Person sue for Discrimination after being Fired for using the N-Word?
After the landmark Bostock v. Clayton County ruling, I am asking for a friend if he has an action against an employer who fired him for using the N-word on 3 occasions as well as uttering "my ...
1
vote
0answers
43 views
Legal definition of exempt employee's “own time” regarding creation of copyrightable content
I live in California, where CA Labor Code § 2870 states (emphasis added):
(a) Any provision in an employment agreement which provides that an
employee shall assign, or offer to assign, any of his or ...
1
vote
1answer
32 views
Assigning intellectual property rights like a provisional patent to oneself while employed
A hypothetical: let's say I am employed in the U.S., and in a field where I am compensated for the results of my ideas or intellectual work, i.e. engineering.
Let's say I have a roughly standard ...
0
votes
2answers
70 views
Does a work reference have liability?
Similar to What is the liability of a person who signs as a witness? does a reference for a candidate employee have liability for what they say about the candidate?
I've seen some companies ask ...
0
votes
1answer
78 views
Can employer collect and share employee data such as skin colour?
In an attempt to make the workforce more "diverse", our employer has announced that they will start
"collecting and sharing" [sic!] employee data such as ethnicity and gender. This,...
1
vote
2answers
94 views
Is there any law that prevents organizations from outsourcing?
With the recent Covid-19 situation and everything, organizations have realized that remote jobs are indeed a viable option. So, hypothetically the organization could say let's just outsource ...
1
vote
1answer
105 views
Would the ADA allow a teacher with comorbidities relevant to COVID-19 to insist on teaching remotely in Fall 2020?
I am a professor at a large state university which has announced it will teach classes on campus this fall, and I am diabetic. I am very concerned about whether my university can provide an ...
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votes
1answer
78 views
Accepting two offers from two EU countries
I had an offer from a Spanish company last month and I accepted it. And because I am a non EU citizen I need Visa process to be completed before I can join I am waiting for some documents here in my ...
3
votes
0answers
76 views
Is an employer rule mandating face coverings on their grounds enforceable even when employee is off work?
My employer (a private college in the US state of Maine) has a new rule mandating face coverings for employees, including in outdoor settings on their campus. The campus is open to the public to enjoy ...
0
votes
2answers
85 views
Do these terms contradict each other for who owns work created by contractor?
These two sentences are literally side by side and seem to be saying opposite things.
All deliverables and associated documents...developed by Contractor
during the term of this Agreement shall ...
1
vote
1answer
74 views
What constitutes voluntary termination of employment?
I have a clause in my contract that reads as follows:
"If you voluntarily terminate your employment prior to 12 months following your hire date, your bonus will be due immediately"
If I give my two ...
1
vote
0answers
55 views
UK - WFH from EU country
I have been wfh part-time and sharing childcare responsibilities since the beginning of lockdown. I am an EU citizen working in the UK and have asked my employer for the possibility to wfh from my ...
0
votes
0answers
15 views
Will E&O and GL insurance protect an employee against losses arising from his employer's indemnification demands?
This question assumes that an employee has a contract with his employer to indemnify them if there is a loss to the employer's client. I called an insurance agent, and he did not know if such ...
2
votes
1answer
162 views
Job interview according to the laws of Washington State, USA
According to the laws of Washington State, USA;
1) Is it legal for a person to be asked their preferred pronouns during an candidate job interview?
2) Is it legal for a company to ask anything that ...
