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Questions tagged [employment]

For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.

5
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4answers
161 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
42 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?
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vote
3answers
64 views

Verbal confirmation of contract extension but fell through?

I have been working as an apprentice in a workplace for 1.5 years now in the UK. I was told verbally that I'd be kept on for the next level alongside another apprentice. Shortly after this a message ...
1
vote
1answer
97 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 ...
0
votes
0answers
21 views

TUPE EU Directive - Employee Undertaking Business After Notice Of Dismissal

We have decided to wind up our business due to economic circumstance. We have given our employees notice. Since dismissal, one employee has expressed an interest in the business. They have said they ...
5
votes
2answers
173 views

Is there any legal limit on how long my employer can ask me to travel?

I'm a salaried employee at a Fortune 500 and my contract says nothing specifically about travel (and no mention of anything like % of time traveling in the req etc.) I was asked to go on a 2 week ...
-1
votes
1answer
47 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?
0
votes
1answer
52 views

Liability of employer on false information to employees [closed]

My employer mailed a letter to all its employees (approximately 10k) in beginning of November 2018 stating (in bold letters) that as of January 1, 2019, employees would be allowed to take out loans ...
2
votes
1answer
35 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-...
3
votes
0answers
25 views

Is there a difference in “termination of employment” qualifying event trigger between group health insurance and 401(k)?

My job uses a Professional Employer Organization to handle payroll and benefits. This is a coemployment relationship, not temp/staffing, nor subcontract. The PEO is the issuer of my W-2 and listed ...
0
votes
1answer
38 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 ...
0
votes
1answer
48 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 ...
1
vote
2answers
46 views

How hard is it to sue and win an employer wrongful termination or other suit

A person was hired for computer programming work. He was hired on salary. It was expected to be a full-time, 40 hours per week thing. The company has traditionally, when asking people to work a ...
1
vote
1answer
92 views

What questions can be asked in interview? Can questions that can be used to illegally discriminate be asked?

I'm part of a group that gets job openings for short term contract gigs, often done in retail environments. During the interviews or online application process, a lot of companies ask for rather off ...
0
votes
1answer
64 views

Difference in severance package between 2 employees within a one month span

In my ex-company, there were 2 layoffs with in a span of 1 month. In the 1st layoff, the severance pay package was better than 2nd layoff. Will the employees affected in the 2nd round have any ...
0
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0answers
26 views

Does the minimum salary test apply to small companies?

There are lower wage requirements for smaller companies. Does the minimum salary requirement/test for computer professional exemption in California (which is much higher than the federal requirement) ...
2
votes
2answers
171 views

Can a company forbid an employee to exercise his common law right to self defence?

If a company has a "no violence" policy could that override a person's common law right to self defence?
0
votes
2answers
102 views

Am I owed this profit-sharing benefit after quitting?

This is in California. I quit a job over a year ago and finally, just recently, got the last profit-sharing benefit. But when I saw the amount, it looks like I got 3-5% of my wages for the eligible ...
2
votes
1answer
67 views

Can I ask my employer for details held about me?

A company runs a transformation exercise. It asked for employees to fill out answers against questions, which are submitted to a portal and assessed by a number of employees and scored. These scores, ...
1
vote
2answers
34 views

License to grant intellectual property of paper created in a company [closed]

Is there a license -Open Source license, maybe- which grants the intellectual property on a paper (how-to guide, for example) I have created in a company, even if I work for it? I would like to make ...
194
votes
7answers
42k views

If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?

There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return ...
0
votes
1answer
24 views

Where could I find interest accrual rates for wage garnishments?

I am in the process of filing for a wage garnishment again a previous employer and one of the forms as asking me to supply the interest rate that the outstanding balance will be increased by if not ...
0
votes
2answers
70 views

Does a non-competition clause bond me to a minimum term of employment?

I am an IT instructor in a private educational institution in British Columbia, Canada. They gave me a agreement which includes a section “non-competition clause” with these lines: He or she agrees ...
0
votes
2answers
58 views

Legally withold payment for services rendered beyond a weekly limit? - Canada

If a contract specifies that work be rendered for services between 8 and 16 hours per week, and the month averages to 16 hours per week but certain weeks are in excess of 16 hours, is it legal to ...
13
votes
2answers
83k views

UK: Is it legal to secretly audio record a meeting or a phone call? Is it possible to use such recording in court?

In the United Kingdom: Is it legal to secretly audio record a meeting (in an office) or a phone call while being a participant? Is it possible to use such recording as an evidence in court or ...
2
votes
0answers
61 views

(NC, USA) Employer promised in interview (and verified by email) that time off was paid. Now saying it isn't after I came back

This actually happened to my wife but she's under too much stress to deal with it and I'm not a citizen so I'm less sure what to do. Timeline: In October she did an interview, having already booked ...
2
votes
1answer
58 views

Can my employer deduct my holiday bonus from my check if I quit right away after receiving the bonus? [closed]

I received a bonus in a xmas card from my employer. I also quit that day. When I received my last paycheck, the bonus was deducted as a "gift deduction". Is this legal? It was not a loan or anything ...
3
votes
1answer
93 views

Can my employer hold my 401k funds and not allow me to continue to contribute? [closed]

My employer stopped taking my my 401k contributions after 12 years of my participation. They said since I am a union member I was never really eligible. However they won't release my funds so that I ...
1
vote
1answer
23 views

Can a Non-EU citizen who worked in a EU country with specific work permit have the right to apply to ECHR for workplace discrimination?

I am a citizen of Turkey, not of the EU. I worked in Ireland with a Critical Skills Employment Permit. I sued my employer for Workplace Discrimination. I decided that the case was not dealt with ...
4
votes
2answers
417 views

Is this Intellectual Property clause over-reaching?

Here's an extract from my (employee) contract All rights to any material and results, and all intellectual property rights related thereto, made, written, designed or produced by Nathan Cooper ...
1
vote
1answer
66 views

Can an employer steal intellectual property?

Say someone wrote some software PRIOR to employment at the company where they currently work. They presented it to a CEO and three other high level employees of the company. They expressed, what the ...
3
votes
1answer
107 views

Seeing a co-woker's salary on his screen

My friend is facing the following problem: Her boss left the computer open and she then looked at his screen, where the salary of a coworker at her level (who since has left the company) was ...
1
vote
1answer
88 views

Can someone on maternity leave in the UK earn money by taking freelance work?

Let's say I work as a social worker (taxes through PAYE) and am on (statutory) maternity leave. Let's say a local contact centre are looking for people to work there, on a freelance basis. Am I ...
-1
votes
2answers
223 views

Can I take an employer to court for false promise? He promise me a temporal job for 2 months and din't fulfill that promises? [closed]

Can I sue a person for don't fulfill his promise? Sorry for the long story. We are "friends" from long time ago maybe from 2010. He started his own small business 4 or 5 years ago and sometimes asked ...
0
votes
1answer
81 views

Can someone be fired for working less than 42.5 hours

In Colorado is it legal to fire an employee only on the basis that they have put in fewer than 42.5 hours weekly?
1
vote
1answer
49 views

Legality of employment contract clause - Training reimbursement

I have a German employment contract which stipulates that if I was to leave the company before a certain time, I would have to pay back (some of) the cost of training to the employer. In this case, ...
3
votes
1answer
106 views

Can typical US employers legally fire green card holders for refusing to apply for naturalization?

8 USC §1324b(a)(3)(B) makes it illegal for employers to discriminate against permanent residents, unless said permanent residents have failed to apply for naturalization within 6 months of becoming ...
9
votes
2answers
227 views

Who owns the code when my employer wants something similar to my existing open source project?

I have a similar situation to this question. My employer hired me knowing that I work on some open source projects, but for a long time, showed no interest in my open source projects. Now they want ...
1
vote
1answer
142 views

Noncompete, nonsolicit, nondisclose agreement company that was sold. But wait, there's more

This all happens in Minnesota. Employee E worked for company A and had standard noncompete agreement. Agreement has an assignment clause assigning rights to any successor. Company B buys most ...
0
votes
1answer
159 views

Mandatory Lunch in UK - Really?

My employer has recently said that I MUST take lunch, at 30 minutes minimum. Is there anything I can do to fight this without losing my job? They cite "burnout" as the reason. I smoke (please avoid ...
0
votes
1answer
60 views

Claim for unpaid wages in NY

I was working as a Software Engineer (Contractor) employed by a contracting company "A" located in California but working for the client company "B" in New York state. The issue is that I didn't get ...
1
vote
1answer
89 views

Employer is damaging my reputation with client

I took a job a year ago for which I am significantly over-qualified, because it allowed me to work from home while I convalesced from two major surgeries. During that time, I have observed myriad ...
1
vote
1answer
63 views

Can a call center employee be forced to monitor a technical problem off the clock?

I work from home for a virtual call center. I provide my own equipment but am required to use their software to connect to them, which often has problems. When these arise, and they cannot be resolved ...
1
vote
2answers
52 views

Puzzle - different middle names, What is my legal name for employment in the U.S.?

I am a US citizen. My birth certificate and passport have always had different spellings of my middle name. Same name, but with slightly different spellings. In previous jobs in the U.S. I have used ...
2
votes
0answers
74 views

Is it legal for an employer to implant chips in the body of employees?

It is being reported in the media that employers in the UK are planning to microchip employees. Can such a procedure be legal? A qualified medical professional would only be allowed to perform the ...
0
votes
1answer
74 views

What are “non-union states”?

I'm watching a lecture by Robert B Reich. He's talking about a hypothetical case in which Bob, a CEO of some corporation, wants to "move the US plant to a non-union state" to reduce wages. I ...
3
votes
1answer
202 views

Can a franchise owner avoid paying overtime by splitting employees between locations?

(Based on this question from workplace.SE) Can a fast food franchise owner avoid paying overtime by splitting employees between two nearby locations, say 20 hours at location A, and 25 hours at ...
2
votes
1answer
57 views

Do French labor laws allow for the firing of employees for scheduling disagreements?

I'm doing research on the effect of highly restrictive working conditions on poverty. More specifically, I'm investigating how a number of low-skill, shift-work jobs in the United States, like fast ...
1
vote
1answer
50 views

Six months probationary period

I have read and understand 6 months probationary period rule, that employee exceeds 6 months of probationary period shall be regularized otherwise informed by the employer to not continue. Now the ...
-1
votes
1answer
67 views

Is this non-compete contract valid?

I worked for Russian IT bodyshop company A. I've got a good proposal from one of its Italian clients B recently to relocate and work directly for them. But there is one problem: B says they have a ...