Questions tagged [employment-law]

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9
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1answer
1k views

In the US what is/are the legal definitions of 'workplace'?

According to this online USA guidance many US states give smokers the same sort of anti-discrimination class as for example pregnant mothers or other groups. Most states have some laws that protect ...
7
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2answers
2k views

Is employment discrimination crime, or tort, or what?

I just learned that, in the US, literally asking certain questions on a job interview (as opposed to making discriminatory decisions based on the answers to those questions) is illegal (as found here ...
1
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0answers
39 views

If I receive a new contract from the same employer, can I be furloughed?

I have been working for a company since July 2019. First it was an 8 week fixed term contract (a paid summer internship). Following immediately from that (excluding a weekend) I was on a zero hours ...
2
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1answer
47 views

In Australia if you are working from home and your employer is based in another state which public holiday do you get?

In Australia the states have their public holidays on different days. If an organisation has offices in many states the staff get the day off for the state they are based in. However if the ...
3
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1answer
99 views

Can an employer require employees to be COVID-19 tested at their own expense?

In this case, the employer is a medium-sized ENT office. Some employees are young single mothers who don't have the resources to comply with this. The question also applies to non-medical employers, ...
0
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1answer
62 views

In legalese, is there legal a difference between “we would like to hire you” and “we want to hire you”?

I was selected to for a job, but haven't signed nor seen the contract yet. The "you've been accepted" message was written in conditional format, "we would like to hire you" instead of "we want to..."/...
-1
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1answer
45 views

Furlough/partial-unemployment and demand by employer to perform different role than hired for

An acquaintance is employed for a role in housekeeping and is currently on furlough but receiving benefits and unemployment plus federal supplement. Employer called today and demanded they come back ...
2
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1answer
64 views

In the UK, what is the difference between the Job Retention Scheme and furloughing?

I live in the UK, and work on weekends for probably the UK's biggest fashion retailer. I recently got an email from them asking me to consent to the terms of a new contract. In it, I noticed this ...
2
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1answer
83 views

The employer is refusing to pay the full salary

I did some freelance work for one India based organization. There is one contract signed by me accepting all their terms and conditions (it was printed on a plain A4 sheet of paper). From start till ...
2
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1answer
43 views

UK Employment law: differences between furloughed, laid off, and redundant

In UK employment law what are the differences between being furloughed, laid off, and made redundant?
0
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2answers
176 views

Can I sue my employer if they terminate my employment while I'm laid off during the Coronavirus outbreak?

I am currently laid off from my job due to the Coronavirus outbreak. My employer informed my coworkers and I in a group meeting on the day before the lay-off that we would all be brought back to work ...
0
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0answers
86 views

Can a worker capable of performing job functions from home be terminated for avoiding office due to COVID–19?

There's a popular thread on Twitter in light of COVID–19 that brings attention to all the workplaces where people could work from home (due to being tech/knowledge workers), but, for one reason or ...
0
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2answers
43 views

Long notice period when in employment a short amount of time in UK

I am in full term employment in the UK. My notice period set out in my contract is 3 months. There is no probation period (I know this is unusual). I have only been working for 10 weeks and have ...
2
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2answers
306 views

How can I effectively report this?

I am in the final round of a set of job interviews with a tech contracting company out of Atlanta. I passed the initial technical screening and the very easy coding interview for a machine learning ...
1
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1answer
65 views

Voluntary redundancy

When you are offered voluntary redundancy, do they have to tell you who else have been made offers to as well? Or can they do it on targeted basis? Does this depend on the number of affected ...
4
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2answers
133 views

Is it legal to retaliate against an employee who answered falsely when asked an illegal question?

Oftentimes due to public policy considerations or for a multitude of other reasons employers can not ask particular questions during an interview or just in general in the workplace. Suppose that an ...
3
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1answer
428 views

Is firing for unionizing legal? (The Office, S2E15)

In Season 2, Episode 15 ("Boys and Girls") of The Office (U.S. series), the warehouse workers in the Pennsylvania branch of the New York-based company begin deciding to unionize. Vice President of ...
0
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1answer
44 views

Can you be required to have a written contract by California?

I was reading the list of the 12 conditions necessary to qualify under as a Business Service Provider (BSP) in California over at https://insight.ieeeusa.org/articles/california-bill-ab-5-threatens-...
1
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1answer
71 views

Advertise how many employees you have on a low budget

Say (in order to seem like a more established company) someone wants to advertise "We have over 100+ employees!".(but wants to avoid false advertising!) But the company has a budget of only $1000 a ...
-3
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3answers
172 views

Secretly recording job applications to incite the manager into EEOC violation [closed]

I am planning to start targeting small businesses owned by veterans, and apply for jobs while wearing a hidden recorder. I plan to bait them by stating during my request to apply for a job, "...
0
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0answers
91 views

Does VII help employers oppress workers, or are there other laws that compensate?

I am wondering whether an employer can hire two people under the same job title and pay but deny them equal working conditions. For instance, it is common practice for Walmart to hire customer ...
0
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1answer
58 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 ...
1
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2answers
285 views

Can i sue my job employer for false promises?

My employer, a chain restaurant in Huntsville, Alabama, promoted me to shift leader where I ran and closed a store for 5-4 months expecting to be paid $10 per hour and was told I would be getting paid ...
0
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1answer
39 views

How does Texas law determine what business owner is misclassifying?

I just happen to be reading this article, and as an independent business owner it upsets me how the media paints business owners who have independent contractors as "misclassifying" their employees. ...
0
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1answer
75 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 ...
2
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3answers
126 views

What an employer can legally ask to monitor about user activity

I work for a Belgian company as systems engineer, and I'm asked by the HR department to give them logs of a specific user's activity. This is about a concern they have when it comes to this user's ...
0
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0answers
69 views

Employer gained access to bank account

May an employee's personal bank give access to an employee's account balances upon an employer's request?
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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3answers
280 views

Can an employer require employees to cash a check?

In Arizona, United States, can an employer require an employee to cash a check? This might be useful, as if an employer writes a check for labor/services rendered, the employer has an unfulfilled ...
0
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1answer
45 views

Is it legal to advertise private paid labor over academic email?

Is it legal for a public university employee to advertise private paid labor over an academic email sent to other university employees? Would this issue be university-specific, in the US, or is there ...
3
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1answer
228 views

Wag! Terms of Service

Wag! is an app for dog sitting services. According to their terms, once you get acquainted with a pet care provider through Wag! platform, you cannot obtain for life pet care services from the dog ...
1
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3answers
94 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 ...