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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2answers
40 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 ...
2
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0answers
102 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
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1answer
69 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 ...
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2answers
102 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 ...
3
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1answer
307 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 ...
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1answer
35 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 ...
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4answers
550 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
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1answer
119 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 ...
0
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1answer
40 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
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1answer
313 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?
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2answers
305 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 ...
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2answers
103 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, ...
21
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4answers
9k views

Using private software at work

Lets assume there is a piece of software I would love to use while programming at work. My company will not buy it (or it will take months before it goes through bureaucratic wall). Can I purchase it ...
1
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1answer
114 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
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1answer
244 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
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1answer
136 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 ...
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2answers
259 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 ...
3
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0answers
89 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
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1answer
254 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
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1answer
302 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 ...
3
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1answer
131 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 ...
2
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1answer
87 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 ...
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1answer
51 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 ...
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1answer
77 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 ...
3
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1answer
175 views

Employee Handbook conflicts with State Law, Which Supersedes Which?

Under my State's (Colorado) law, C.R.S. § 8-4-101(14)(a)(III) states, Vacation pay earned in accordance with the terms of any agreement. If an employer provides paid vacation for an employee, the ...
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2answers
127 views

Are USA private sector employees entitled to federal holidays?

I was raised to believe that federal holidays are to some degree sacrosanct, namely, that even private employers can't compel employees to work on them (i.e., employees are technically protected ...
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3answers
2k views

I was fired for refusing to work with Typhoid, do I have any recourse?

I was fired for not showing up to work as ordered. This is after explaining to my boss over the phone that I have Typhoid, and working with food would endanger the guests to the restaurant/arcade at ...
1
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1answer
72 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 ...
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2answers
391 views

May I legally work in a restaurant with typhoid if the employer knows?

I contracted Typhoid while visiting family in Central America for a funeral. I work minimal wage at a restaurant/arcade preparing food, and cannot afford to miss work. My boss will not allow me paid ...
0
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1answer
88 views

Attention and Effort Clause (State of Washington, USA)

I need some clarification on this Attention and Effort clause in a non-compete document presented to me (as part of an employment offer). ATTENTION AND EFFORT. During employment, Employee will ...
3
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1answer
156 views

How much privacy about my health am I giving up if I participate in my employer's wellness screening program?

My employer is having a "Wellness Screening Fair" where you can receive free testing for things like cholesterol and insulin, and I imagine advice about how to interpret the results. Sounds good.. But ...
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2answers
105 views

When is Pro Hac Vice an actual thing?

"I am licensed in the State of Texas and have been admitted on a pro hac vice basis for a case I am handling in Florida. I am not licensed as an attorney in Florida." This is what a lawyer wrote to ...
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2answers
55 views

Government employer obligations for refusal to hire based on allegiations

The Kavanaugh hearings have brought up an interesting point. What are the legal obligations of a government employer, when it comes to handling allegations against a prospective employee? I would ...
3
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1answer
130 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 ...
2
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2answers
106 views

Is it actually illegal to ask about things such as pregnancy/family status/etc in a job interview?

I often see articles saying questions are illegal to ask when interviewing a candidate. Something like this is a good example: Are you planning on becoming pregnant in the near future? Are you ...
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2answers
168 views

What recourse is there if opposing lawyer refuses to respond?

I am owed some money by former employer (which I discussed in another thread). I got some of the funds back but there are other issues that need to be resolved. The other guy has a lawyer and I have ...
0
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3answers
96 views

Can you be fired over behaviour in a second/previous job?

This is quite long-winded and I've tried my best to simplify it as much as possible. I'll clarify if needed. Legal Jurisdiction here is US and UK law (if there's a difference) There are three ...
1
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1answer
70 views

Employee intimidation

A relative of mine has worked at a small company for the past 10 years as a senior design engineer. The MD (and owner) of the company asked him to go and spend the day with another employee filling ...
1
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1answer
107 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 ...
2
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1answer
92 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, ...
0
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1answer
60 views

Employer lied about charitable contributions

I have been working for a year for a privately held company that prominently touts in it's recruiting process that it gives 20% of it's profits to charitable causes. But it doesn't, at least for the ...
2
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2answers
120 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 ...
2
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1answer
136 views

Ontario non-compete clause: can new employer hide NCC requirement, until time of job start?

This is in Ontario, Canada in an IT company. Recently I have received a job offer from a US based company, at their branch in Ottawa. The company and I have been in discussion for weeks negotiating ...
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3answers
152 views

Can a religious employer prohibit public advocacy?

I work for the Roman Catholic church in the USA. I am an administrative assistant with only very rare dealings with the public. When I was hired I was told by a Human Resources representative that if ...
2
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1answer
399 views

Employer did not accept resignation in Germany

I'm currently working for a company in Germany and the notice period is two weeks. I sent my resignation via E-mail. They told me after 3 days that they did not accept it because I need to send it ...
2
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0answers
35 views

Is work done on paid time off “work for hire” in California?

I am curious about this, because my understanding was that unless my employment contract stated to the contrary, work done in my spare time without using company resources is not “work for hire” in ...
2
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0answers
220 views

Can I sue the company for providing misleading info and terminate the employment even when I didn't do anything wrong?

The company L was offering me a lower salary than my previous job. I negotiated and was ready to turn it down if they can't make the salary enough to make a true lateral move. Finally, after 3 rounds ...
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3answers
487 views

How to legally contribute to open source projects (and other public stuff) in Germany?

Being a software developer it is very important to contribute to public projects and participate in public professional activities. This includes open source projects (which may belong to other ...
0
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1answer
296 views

Not joining a company after signing offer letter

I have been working in Singapore on S-Pass for last 11 months in an IOT product company. I got an offer from a services company in SG, they got me an Employment Pass and I have to join the on x date. ...
1
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2answers
103 views

Can employers fire someone for “lying” on personality questionnaires?

Many employers, typically those offering minimum wage jobs, have applicants fill out a personality quiz. They usually probe whether the applicant believes stealing is justifiable, if they value their ...