Questions tagged [employment-law]

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31
votes
2answers
5k views

Can an employer fine an employee in Virginia?

My son just started a job with a franchisee of a well-known delivery company. The franchisee is located in Virginia, and some of the items in the employee handbook sound fishy to me. He was given a ...
25
votes
5answers
7k views

Is it legal for employers to hire only native speakers?

I recently learned that there are some companies (for instance, certain editing, writing, or translation services) that explicitly refuse to hire non-native English speakers for certain positions a ...
16
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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 ...
9
votes
1answer
2k 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 ...
8
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4answers
998 views

Allowable Discrimination For Jobs

Just lately I realized that anti-discrimination/equal opportunity legislation only applies to proscribed categories of discrimination grounds, e.g. race, ethnicity, gender, orientation, age, etc. Up ...
8
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4answers
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 ...
7
votes
2answers
12k 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 ...
7
votes
2answers
241 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
985 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 ...
3
votes
1answer
109 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, ...
3
votes
1answer
80 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 ...
3
votes
1answer
324 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 ...
2
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3answers
179 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 ...
2
votes
3answers
114 views

Can a UK employer legally require someone to stay home if they pose a significant risk of harm to others?

I'm thinking of this in the context of the current debate about coronavirus vaccine certificates, but I think the question is wider and I don't want to limit it to just that. Suppose an existing long ...
2
votes
2answers
184 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 ...
2
votes
2answers
111 views

Employer listed incorrect end date in contract

I'm working as an independent contractor and the agreement I signed says my start date is May 12th 2020 and my end date is July 10th 2020. I'm required to work 200 hours for the company between these ...
2
votes
2answers
344 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 ...
2
votes
1answer
50 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?
2
votes
1answer
99 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 ...
2
votes
1answer
203 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 ...
2
votes
2answers
172 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 ...
1
vote
2answers
129 views

Is employer responsible to disclose workplace before hiring?

I was originally hired to do some in office computer work. During my interviews, I was on the premises 3 times. Employer showed me this “workplace”, my desk, etc. I worked there for about a month, ...
1
vote
2answers
99 views

What are the legal ramifications of using Post Nominal Letters from a degree mill?

Background This question was sparked by a question about firing an employee with a B.A. from a degree mill To my knowledge, using protected post nominal letters that are related to a professional ...
1
vote
2answers
737 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. ...
1
vote
1answer
120 views

Can you explain the “Rule of Three Scores”? In plain English?

The term is used several times at https://sfgov.org/civilservice/rule-111a-position-based-testing and I can't fathom the meaning. I searched the site and found a definition (copy below, indented). ...
1
vote
2answers
99 views

What does the wording “wholly unconnected with your employment” mean in a UK Employment Contract

Having some trouble understanding some wording in a contract and how it affects the employee. The main passage is You shall promptly disclose to the Company and to no-one else all copyright works or ...
1
vote
1answer
413 views

is it illegal to throw away someone's license/ID?

Subject is arrested while at work, unrelated to work, and not in civilian/street clothes which has ID. Held for a few months, employer throws away property, incl. ID. In order to throw it away, it had ...
1
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3answers
102 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 ...
1
vote
1answer
49 views

Remedy for employee regarding Provident Fund

What are the possible charges an employee can take against an employer regarding Provident Fund - An employee works in a company for a short duration i.e., less than a year. Employee who was able to ...
1
vote
1answer
71 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 ...
1
vote
0answers
30 views

Consequences of violation of employment contract in India

What legal action can an employer take against the employee who used the company laptop to work on a freelancing project? Duration maybe max of 10 days. Possibility of allegation from employer is for ...
1
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0answers
15 views

Can a civil action started under Ontario's Simplified Procedure be moved to Small Claims Court?

Under Ontario law, is it possible for a plaintiff bringing a wrongful dismissal civil action to change venues some time after pleadings have been filed, but before the action has been set down for ...
1
vote
0answers
31 views

Can an employer mandate an EUA-approved vaccine?

Liberal political commentator Matt Yglesias just tweeted this: I’m not an expert in Vaccine Law. But the military requires a lot of vaccinations but says it can’t require the Covid vaccines because ...
1
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1answer
79 views

Whistle-blower protection - evidence obtained illegally?

If a company is surreptitiously operating a discriminatory hiring policy, and evidence from the HR system is leaked to prove it (i.e. records of the ethnic origin and gender of those promoted and ...
1
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2answers
95 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
0answers
41 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 ...
1
vote
1answer
73 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 ...
1
vote
2answers
511 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
votes
2answers
238 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
votes
2answers
84 views

Must I follow “Compliment Policies” if these are not in the contract?

I am working for a company in the UK where I have undergone courses to help me improve my working skills. It is written in the "Compliment Policies" on the companies website that if I leave ...
0
votes
1answer
46 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-...
0
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3answers
536 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
votes
1answer
126 views

Unprofessional behaviour during interview

A friend of mine was in a job interview during Covid-times, therefore it was all done remotely. At half-way through the interview, an unprofessional incident happened which made that friend believe, ...
0
votes
1answer
38 views

Working 60% hours, via UK furlough scheme. How does this apply to weeks with a bank holiday?

I'm on partial furlough, working 60% hours, with the gov. furlough scheme paying the fourth day. Next week has a bank holiday Monday. Should I still work 3 days that week, with Monday and Friday as ...
0
votes
2answers
63 views

Resignation retraction denied because of replacement, but is not true

A friend of mine (person A) has had his resignation retraction denied because a replacement (person B) has already been moved (without Person A knowing). However this isn't true, as Person B was ...
0
votes
1answer
91 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..."/...
0
votes
1answer
62 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 ...
0
votes
1answer
94 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 ...
0
votes
0answers
14 views

What are the existing regulations and laws about on-call shifts in retail industry in California?

My wife has recently started working as a floater pharmacist at one red-colored pharmacy chain in California. Just a side note, while my wife has worked there, she personally vaccinated more than 1000 ...
0
votes
1answer
178 views

Employer forgot to take taxes out of severance; now demanding it back or legal action. Can I just settle it with IRS?

I was laid off back in March due to COVID. My employer messed up and delayed our severance payments, so instead, they offered to cancel the original checks and send us all wire payments. When we got ...