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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.

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1answer
86 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 ...
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2answers
60 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 ...
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1answer
39 views

Ask ex-employee / colleague for data removal that relates to company

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 ...
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2answers
44 views

What is meant by having these in a contract for restraint of trade?

Asking for a friend: Sorry if this is off topic. I am employed as a consultant and there is a clause in my contract that is unclear to me. I've included the entire section for reference but the ...
3
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2answers
218 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) ...
2
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1answer
46 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. ...
2
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2answers
114 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 ...
3
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1answer
36 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
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2answers
132 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 ...
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2answers
105 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 ...
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1answer
75 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 - ...
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1answer
87 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 ...
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2answers
48 views

non-compete clause in Canada

I have a following clause in my employment contract that I signed when the company hired me: "For a period of ONE (1) year after the end of employment, the Employee shall not control, consult to, or ...
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2answers
44 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). ...
4
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3answers
178 views

Should the HR department suggest legal firms after I've been made redundant? (UK)

I have been made redundant in a big Investment Bank in London. Being not a native from the UK I am new to the process and have nobody to ask advice for. The HR told me that I would need to contact ...
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2answers
52 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
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1answer
81 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
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1answer
53 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 ...
46
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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, ...
0
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1answer
76 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
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1answer
245 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 ...
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0answers
66 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 ...
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1answer
34 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 ...
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2answers
279 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 ...
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1answer
67 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 ...
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2answers
54 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 ...
2
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1answer
92 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 ...
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1answer
64 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 ...
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2answers
77 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, ...
1
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1answer
245 views

Can an employer dictate when an employee can take annual leave?

My employer is trying enforce new rules about how we use our annual leave. Among other points they require the following are the ones of concern: 50% of annual leave must be booked (planned, bot ...
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0answers
52 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. ...
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2answers
76 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 ...
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1answer
111 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 ...
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1answer
58 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 ...
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2answers
130 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 ...
5
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4answers
209 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 ...
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1answer
45 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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3answers
73 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
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1answer
117 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 ...
5
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2answers
176 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 ...
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1answer
57 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
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1answer
46 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
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0answers
40 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 ...
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1answer
43 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 ...
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1answer
59 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 ...
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2answers
74 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
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1answer
100 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 ...
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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 ...
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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
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2answers
181 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?