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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
137 views

How should I notify Human Resources of revocation of consent to a background check?

I submitted consent for the purpose of background check to a very established organization, which outsourced the process of background checking to another organization. Let's call them HireWrong. ...
0
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0answers
60 views

What potential litigation could a corporation face if you made your personal phone number public on social media?

I saw on someone's Facebook page that they were hired at a major corporation who told them that they needed to delete their phone number, and ask that every one of their friends delete the phone ...
0
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2answers
211 views

Manager asks for car keys. Is this illegal?

This question stems from this question on TheWorkplace.StackExchange. If a manager with no power to fire an employee, but who can still "discipline" said employee, demands that everyone surrender ...
0
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0answers
82 views

Definition of hours of work for an international student working as Uber driver in Australia

As an international student in Australia on a Student Visa you are allowed to work 40 hours per fortnight (20 hours per week). If an international student is working for Uber as a driver, when are ...
3
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0answers
316 views

Disclosing prior inventions to company before starting work

I know some companies want on boarding employees to disclose to them any invention or innovation they have made. If you do not do this, can the company claim the invention or innovation as their own? ...
5
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1answer
128 views

Can employer claim ownership of intellectual property made while not at work?

I've heard in job contracts there can be clauses saying that all intellectual property created by the employee during their employment, belongs to the company, regardless if it's done during hours ...
1
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1answer
53 views

In the U.S.A., how much do you need to make from a project before it becomes a business?

So lets say you do not have a U.S. citizenship but you spend a lot of time in the U.S. You buy products and create goods from them which you resell (say you build sheds out of wood or something of the ...
2
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1answer
146 views

My employer moved me onto a new payroll. Do I need a new employment contract?

My boss has moved me onto the payroll for one of his other companies and I am trying to find out if I need a new employment contract. I was employed for a new start-up of his which did not work out ...
1
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1answer
52 views

Opening a daycare near previous employment

Location: Canada, Ontario Background: A friend got a one-year contract to work at a daycare from June 2017 to June 2018, but was let go after working two months. Key things on the employment ...
4
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1answer
93 views

Company has transferred team to another company, does this count as breaking contact?

Suppose a UK employee who works for company A, where Company A is owned by company B, and parent company B has created a new company, company C. Company A is now transferring all assets about the ...
1
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3answers
79 views

What is the basic term sheet of joining of software company?

I'm not a law student. I'm just software engineer who only knows how to code. I'm pretty confused. My friends are starting a software company and they are not software engineers; they have BBA ...
1
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1answer
82 views

I signed a second work contracts in Germany, without checking my first contract

I am working in a full-time job and I signed another part-time job for 10 hours per week with a university in Berlin. After I signed the part-time contract I found in my first contract that I have to ...
1
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1answer
229 views

Can a US employer hire someone as a salaried worker, require them to work long hours, and then fire?

I have a friend who began a job at a large firm as an auditor at the end of 2017. The nature of this work is that there are two seasons: a busy season (Q1 and part of Q2 of any given year) and a slow ...
1
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3answers
369 views

In the US, is it illegal to pay different employees different amounts for the same work?

My colleagues and I recently discovered that new hires for our position are being recruited with a salary that is 20% higher. Thus they are being paid more than us even though we have as much as 5 ...
2
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3answers
188 views

Is it ever illegal to quit a job without warning?

I know 2 weeks notice is customary but not required by law when quitting a job. Is it ever illegal not to give notice? For example could a surgeon quit just before he was supposed to do surgery, or a ...
0
votes
1answer
171 views

Is it legal to make an audio recording in a United Kingdom workplace with one party consent [duplicate]

My office it's very loud. I complained to my line manager and as a proof I have recorded a few seconds of this noisy environment. At the time of recording there were other colleagues in the room. My ...
3
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3answers
681 views

Is it permitted to work as a freelancer on Upwork while studying in Germany?

Next April I am going to start a master program in Germany living on a student visa. Currently I am working as a freelancer on Upwork. I know that in Germany it is not permitted for people on student ...
0
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0answers
34 views

Employment termination and pay back [duplicate]

I was referred to here from workplace, needing legal advice (I understand it is not replacing a lawyer- I'm working on that). I was recently fired from an employer in Texas, US (after 9 months) due ...
1
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0answers
40 views

Pre-emptive warning of restrictive covenants breach

As an employer I have a restrictive covenant clause in my employment contracts to prevent my employees seeking employment with my direct competition for a period of 6 months. If I'm aware that an ...
1
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1answer
49 views

Is this opinion by the Wage & Hour Division, disallowing fines/salary deductions for lost & damaged property, generally applicable to US employers?

FLSA2006-7 is a letter from the Wage & Hour Division (WHD) to an unnamed employer, published on the Department of Labor's website. It is an opinion on the employer's proposed policy "to impose a ...
0
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1answer
119 views

48 hours to sign a contract

A manager at my company cited a very vague New York law that I'm skeptical about. We can have no more or less than 48 hours to sign an employment contract. Is there any truth to this?
0
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2answers
497 views

Signed non-compete, no mention of one in offer letter (MN). Is it still enforceable?

First post on here after doing a ton of Google searching on this topic. Roughly five years ago, I began work at Company A. In my offer letter, there was no mention of my employment being dependent on ...
2
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1answer
170 views

When can jobs discriminate against a protected class?

In Canada the Human Rights Act protects against discrimination relating to race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability ...
2
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1answer
151 views

Employer failed to report my income or pay taxes. Do I have any rights to file a lawsuit?

An employer based in the state of Georgia (my residence is Ohio) hired me, paying me a monthly salary in addition to funds to purchase health insurance. When they did not feel I was an asset to them ...
2
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1answer
124 views

Can an employer legally confiscate property that they suspect to be illegal?

Some time ago (2017), an employee brought a bag of what was presumed to be cocaine to their private sector workplace located in Alberta, Canada. The employer demanded the employee hand the item over (...
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0answers
101 views

Employer green card sponsorship after termination

This question is a follow-up of my previous question. So I've been told to leave the company yesterday. Now my question is regarding the Green Card application. So I've been sponsored for EB1-B ...
8
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1answer
3k views

US laws of firing an employee

This is a follow-up from my previous question. Following my discussion with HR about the ethical violation of my manager and some colleagues, I was suddenly fired without any prior notice from my ...
6
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2answers
120 views

What can I do about an employer witholding my final paycheck for “damages”?

So I accepted a 2nd job about 8 months ago as an elderly care taker for my landlord's parents. After a year their mental condition had deteriorated enough that I informed by landlord/employer that ...
10
votes
3answers
2k views

What does this final section regarding the “termination of the binding provisions” in this contract mean?

A company recently offered me a great position as the head of their IT Security division. The job being offered is contingent upon my signature signing a lengthy employment, NDA, Noncompete, ...
1
vote
1answer
190 views

Small claims court jurisdication over international employment agreement?

I am a US citizen originally residing in state S. I entered into an employment agreement with a company headquartered in country C1 (not the US), with physical offices in another country C2 and US (...
0
votes
1answer
55 views

Is litigation against one's employer protected?

Let's say we are in California and I have a dispute with my employer. My employer has, or so I believe that it has, breached our employment contract and caused me damages. I then talk to my employer ...
4
votes
1answer
194 views

Do employees have personal liability when working for a company that violates the GDPR?

I work for a company that doesn't take privacy laws very seriously. As far as I can tell, they're woefully unprepared for GDPR and don't seem to care very much. My tasks mainly consist of software ...
1
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1answer
42 views

Can a former employer deduct a “fee” when issuing a check for my new roll-over?

A former employer deducted a "fee" charge when I contacted him to get my 401 funds moved to my new employer's roll-over account. It was 1 year after I was dismissed from his employment. Is it legal ...
1
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2answers
106 views

Child Labor in Entertainment

Why is the entertainment industry exempt from the Fair Labor Standards Act? I have no idea how to research this question. edit: I mean, I thought the constitution specifies that laws shall be equally ...
1
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0answers
35 views

Is it legal for a company to continue using my name and picture on their site, despite not being an employee anymore?

A few months ago I decided to leave a company whose CEO engaged in a lot of questionable practices. (1, 2) It has come to my attention that this CEO is using my name, title, picture and current ...
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
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0answers
56 views

Can an existing employer force use of personal vehicle?

If an employee refuses to use their own car for business purposes (although it was never mentioned before commencement of employment and is not mentioned in the employment contract), is it possible to ...
0
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1answer
39 views

Can I claim compensation for loss of earnings due to work accident in Australia?

I was working in a hair salon in Australia and fell backwards. I tore my rotator cuff and have slipped disc. I had surgery on shoulder when got back to UK. Can I claim for loss of earnings, etc.?
4
votes
1answer
108 views

Is it illegal for an employer to give a job applicant an unfair advantage in the selection process?

Diana was invited to pre-employment test for a job. But it appeared that that the content of test was the same as last year, and she knew that content because of her friend who passed the same test ...
0
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0answers
42 views

Can I use photos from my current job to promote my own business?

I am self employed but work for a company that does seawalls. I am the foreman and do all the work with the help of one or more of my boss' employees. Can I take a picture of the work I do for him ...
3
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0answers
195 views

Can my employer expend more of my PTO than is necessary to meet 40 hours?

I am an exempt employee. A few weeks ago, I worked worked a lot of hours between Monday and Thursday due to a project deadline. I had already planned to take off the day on Friday and informed my ...
1
vote
0answers
49 views

Termination of Employment before Joining date

I was offered a Job in Berlin by an Employer 2 months back. I signed the contract, offer letter. And with that I have received the Visa to Germany. And just before 14 days of the joining I receive a ...
2
votes
1answer
71 views

Employment (Colorado) hourly random scheduling

My employer likes to randomly change my schedule and only passively notify me on a secured website that im supposed to check 10x a day. Is this legal? Then of course i get a write up for missing a ...
1
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1answer
106 views

Previous Employer using my electronic Signature

My previous employer uses an electronic signature program to execute General Tenancy Agreements. I have since left the company in August. However, it has been made known to me that the company is ...
0
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0answers
33 views

Can I offer a health insurance plan only to freelance workers?

My goal is to provide the most affordable health insurance plan or health insurance alternative for freelance workers nationwide in the USA. The Affordable Care Act prohibits discrimination on the ...
0
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1answer
95 views

Job Contract. Clarification Required for a Clause [closed]

There is a clause in my contract that i need some clarification about. Specifically i want to know if the above clause means that i can resign with a three month notice or not ?
1
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0answers
42 views

Labour Law - Minimum notice period to prevent breach of contract scenario

James is hired by company X in South Africa. The first and second year's he is given a fixed term contract (Period 1 year each). The third year he is offered permanent employment and remains at ...
1
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0answers
202 views

Employer took bond and blank dated cheque. Is this legal in India?

Suppose someone in India accepts a job with a software company, selected from on-campus placement. The company did not disclose the agreement to be signed before the first day of employment, when ...
7
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1answer
690 views

Employer refuses to release 401K

My wife has been employed at a Fortune 50 company for 10 years and was laid off in March 2017. When we asked about the 401K we were told that our address is not correct and the 401K plan manager ...
2
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0answers
29 views

Is someone employed by a Channel Islands based company covered by UK employment laws?

My wife is employed by a company based and registered in Guernsey. The company is also registered at Companies House (in the UK). I know generally the Channel Islands adopt UK laws, so is she covered ...