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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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100 views

What recourse does an ex-employee have when commission/wages are being withheld by employer?

I recently left a position while still owed commissions for a deal that closed after my departure. My activities, duties, etc. on this deal were completed. I simply needed to wait for the other ...
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2answers
76 views

Can my work force me to pay for their compulsory in-house training?

My contract with work states if I leave within 18 months I must pay for the mandatory training they sent me on of £1800. I am already qualified in my field and this course was just to learn their way ...
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0answers
42 views

what criteria do 1099 contractors have to be considered employees?

Let’s say someone owns a hairstylist shop. They have people who come in and cut hair but they pay them on a 1099 basis. However, they require them to be there at certain times and perform work that ...
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1answer
65 views

Redundancy with no consultation

I was recently made redundant after working at the company for just over a year. I was given no indication before hand that I personally might be made redundant (although other departments in the ...
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2answers
242 views

Can I sue my employer for wrongful firing?

So I am looking to possibly take legal action against a former employer of mine that had--in my opinion wrongfully terminated me. I'm wondering if this is possible based on my case. Here is my case: ...
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9answers
36k views

Can I terminate an employee for qualifying for a job through a “degree mill?”

We have recently put together an HR unit, which reviewed all our employees and found that one has an unsatisfactory qualification (BA in Public Relations from an unaccredited college). HR suggested ...
4
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3answers
129 views

Can one reasonably respond to a bogus employer demand letter without a lawyer?

A strange situation has came to me recently. Me and my former employer have not parted on the best of terms, and a few months later, I have received a letter from an attorney representing my former ...
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0answers
28 views

Contract and back dated pay

So basically I am in a situation where I finished my apprenticeship at a big company and was promised a pay rise in February that still hasn't happened. I was taken on with a fixed 12 month contract ...
2
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1answer
219 views

Is it legal to deny employee reimbursements for meat?

WeWork appears to have instituted a policy where they prohibit their budgets from being used for purchases of red meat, pork and poultry, citing sustainability. www.theguardian.com/environment/2018/...
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1answer
126 views

Company changes its legal name but not that on its staff handbook. Can I ignore the staff handbook?

In UK employment law, the staff handbook often forms part of the contract. I work for Company XYZ. This is clearly stated in my contract. The handbook is for Company ABC, which is my employer's old ...
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1answer
422 views

Does a Company Handbook effectively constitute an extension to the Employment Contract

In my employment contract it is stated (in so many words1) that I must adhere to the rules set out in the company handbook. Does this make the handbook an extension of the contract? Out of which ...
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1answer
125 views

Hiring someone for one time event, employee or contractor?

If a person who would normally be classified as an employee is hired for a single one day event, would this allow classification as an independent contractor? For example, say a company that does not ...
2
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1answer
30 views

In Australia can you take Personal leave to look after a sick child or partner?

Under Australian employment law are you allowed to take personal leave to look after a sick child or partner? Is personal leave the correct category or does it depend on employment terms?
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1answer
47 views

Can a Union CBA circumvent Right to Work?

if an employer is in a Right to Work state, Can a union create a contract with an employer that requires the employer only keep union employees on payroll?
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1answer
215 views

Are employers liable for employee safety if the workplace is declared a “gun free” zone?

If a company prohibits their employees from carrying a firearm while on their property, are they legally liable for the safety of their employees in an active shooter situation? If they refuse to ...
1
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1answer
60 views

Does my employer have to pay redundancy when my contract takes me over two years service?

My employer has given me notice of redundancy. I am just short of two years service so my employer is not paying me redundancy pay. My contract specified that I am to be given 6 weeks notice. My ...
1
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1answer
51 views

Is it legal/ethical to ask my employer to make a deduction from my salary to reimburse me for an expense?

I am an international student studying in the US. Federal law requires that I am register for a one credit course in order to take a certain internship, the cost of which is close to $2000. This ...
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0answers
72 views

Unpaid Wage Claim

I worked for an employer from December 2017 – March 2018 for a total of about 112 hours ($3,800). This was programming work for some web applications. I had worked with this person years prior so had ...
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2answers
425 views

Teaching offer rescinded by principal - any recourse?

My sister recently applied for a teaching job at a public school (in Texas), and went through the interview process. She was verbally informed by the principal that she had been selected for the ...
2
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1answer
41 views

Does the GDPR cover / apply to (in any way) photography at a workplace event?

A company organises a staff event during business hours. Say a hackathon or similar. The company arranges a photographer and videographer to record pictures, footage, presentations etc. Speaking ...
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5answers
6k views

Can private institutions fire employees without concern for the First Amendment?

The First Amendment doesn’t apply to private institutions. Private employers can fire employees for their speech without having to worry about the First Amendment. What the NFL’s new rules for ...
0
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1answer
71 views

Is it illegal to create a scenario in which someone could inflict violence on another person, if said person had volunteered as part of the scenario?

So, to cut a long story short. There's an employee I work with that has stolen money and property multiple times, and that has created a hostile environment for the rest of us via the use of ...
38
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3answers
9k views

Is it breach of contract if dismissed before starting work?

I've been dismissed by a company I was due to start a job with, just a few days before the job was meant to start. They have no intention of providing me with any compensation despite the fact I ...
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1answer
357 views

Does a new contract supersede identical old contract?

I have relocated 3 times on behalf of my company in the past year, however I am prepared to move on because of another job offer. With each move came relocation assistance, in which I had to sign a ...
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1answer
102 views

Is it possible to discriminate in hiring if you never advertise?

Small businesses often just hire people they know and trust, which just seems like sensible risk mitigation. But what about if the business keeps growing this way (above "small business" thresholds)?...
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1answer
74 views

Working in high school while concurrently enrolled

I'm a homeschooled high-school sophomore, concurrently enrolled at a local community college taking advanced math classes. My Calculus instructor asked me to take a job as a supplemental instruction ...
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1answer
147 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. ...
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0answers
61 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 ...
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2answers
258 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 ...
3
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0answers
375 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
160 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
54 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
149 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
71 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
96 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 ...
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3answers
84 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
83 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
244 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 ...
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3answers
372 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 ...
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3answers
200 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
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1answer
179 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 ...
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3answers
868 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 ...
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0answers
35 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 ...
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0answers
44 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
50 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 ...
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1answer
121 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?
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2answers
634 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
176 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
175 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
133 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 (...