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
52 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
252 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 ...
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1answer
68 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 ...
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1answer
52 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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2answers
996 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Teaching offer rescinded by principal - any recourse?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 ...
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1answer
42 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 ...
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1answer
79 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 ...
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3answers
10k 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
442 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
115 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
79 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
162 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
64 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
442 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 ...
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0answers
466 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? ...
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1answer
180 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 ...
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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 ...
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1answer
158 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 ...
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1answer
94 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 ...
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1answer
103 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
107 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 ...
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1answer
87 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 ...
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1answer
269 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
399 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
215 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 ...
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1answer
202 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
1k 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
41 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
51 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 ...
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1answer
70 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
128 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
764 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 ...
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1answer
191 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 ...
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1answer
183 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 ...
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1answer
183 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
133 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 ...
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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 ...
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2answers
135 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 ...
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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, ...
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1answer
245 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 (...
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1answer
63 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 ...
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1answer
220 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 ...
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1answer
46 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 ...
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2answers
135 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 ...
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0answers
54 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 ...
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2answers
572 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 ...
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0answers
98 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 ...
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1answer
46 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.?
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1answer
134 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 ...