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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
21 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 ...
1
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0answers
24 views

Equity compensation for a foreign worker

Can an employee working from India get equity compensation from the employer who is registered in the USA? The employee does not hold a work visa in the USA and the employer does not have a registered ...
1
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1answer
49 views

Missing attachment in work contract. Should I sign anyway?

Here's my situation: I have received a great job offer from a reputable tech company. Everything looks standard, but a document I am supposed to read and understand before signing is missing. I ...
6
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1answer
170 views

Is stating preference for women or people of color on Twitter for a job listing discrimination?

Something I've seen become more common is for folks working at a company to promote a job listing on Twitter, etc. and to say something along the lines of "I'd love to see more women/people of color ...
2
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2answers
223 views

Am I experiencing an anti-trust violation?

Google, Apple et al were fined $430 million dollars recently for, among other things, agreeing not to poach each other's employees. One illegal thing that happened: an internal recruiter was fired for ...
1
vote
1answer
119 views

My employer has declined my annual leave request a week before my holiday - is this legal?

A couple of months ago I requested 5 days annual leave, and gave my employer the dates. The employer did not acknowledge the request, but sent an automated e-mail a week before the leave was due to ...
4
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2answers
161 views

Do online work in the US if you're not a permanent resident

Is doing online work (making websites, programming, graphics, writing etc) in the US illegal if you're not a permanent resident and you are on a tourist visa? Could you do it and get paid on a non-...
4
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3answers
151 views

When must a document be kept confidential?

I applied for a job and received an offer. The offer letter and employee contract state Please note that the details of your compensation are to remain strictly confidential. and Employee ...
7
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2answers
1k views

Is it illegal to lie in an interview?

Strange question. I had been contacted by a recruiter for a job. Tomorrow is my final round interview. I had been getting a strange feeling and today the recruiter basically told me that when I work ...
0
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1answer
147 views

How long does employer have to pay after job is done?

I had worked 2 weeks for at an event through a temp staffing agency. The last day of work was April 2nd. A week latter I submitted my invoice. I still haven’t gotten paid. How long does an employer ...
0
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1answer
46 views

Time off in Lieu after training?

I'm trying to interpret my contact and work out whether I'm entitled to time off in lieu if required to attend training. I normally have a fixed set of working hours per day. It states that I may be ...
1
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0answers
766 views

As a dependent of a G4 visa holder, can I work in the USA past the age of 23?

My mother works on an international organization and holds a G4 visa. I, as her son/dependent, received a G4 visa as well. Currently I have an Employment Authorization Card (EAC) which allows me to ...
0
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1answer
48 views

What does the “submitting” I9 form?

I'm a graduate student at a US university and I work as a Graduate assistant in the department. It's been around one year I have been working. I'm also an International student who can only work on-...
0
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1answer
92 views

Employer underpaid and overpaid me

So my old employer contacted me recently and said they had accidentally paid me for the month after I had left. I checked my accounts and this is true - they paid me for the full month rather than ...
1
vote
1answer
95 views

Will New York City's new law prohibiting questions about salary history protect residents who are applying for jobs outside the city?

As the title. I read through the law but I am not clear on whether it covers residents of the city, companies that employ workers in the city, members of either group, etc. That is, is it a limit ...
0
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2answers
1k views

Exceptions to vicarious liability

I know that the employer of an independent contractor cannot be held liable for negligence of the contractor under vicarious liability, but are there any other such situations where the employer would ...
4
votes
1answer
206 views

Can I be recorded at work without my consent in the UK

My colleague and I suspect that our employers are secretly recording us whilst at work. They have asked questions and passed comments on matters that they would otherwise have no way of knowing we had ...
1
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1answer
3k views

Is a company required to supply sufficient car parking spots for its employees?

Is a company required to supply sufficient car parking spaces for its employees? There are not enough parking spaces at my office, causing some employees to park at the neighbour's lot, who have now ...
3
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0answers
53 views

Can a Recruitment Officer be sued for working for another company of the same industry as his former one?

Setting: Republic of the Philippines (however, international views are also welcome). Let's consider my friend as an example, and let's refer to his former employer as "Old Company" and his new ...
3
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1answer
101 views

Is an attorney who hasn't agreed to represent me yet required to keep our discussions confidential?

I'm looking for an employment attorney and most seem to want the discuss the case, to see whether or not I have a case, before agreeing to represent me. Does this mean that any information I give them ...
0
votes
1answer
201 views

Vague clause in employment contract

I work in a full time permanent role but have recently started working in another part time (evenings/weekends) role as a contractor. Both are in the same field (software development) and both ...
3
votes
2answers
174 views

Is it legal for a company to require signed permission from one's current employer before applying?

If a person is employed at Company A, is it legal for Company B to require a signed document of permission from Company A before applying? This would obviously put the applicant in the uncomfortable ...
2
votes
1answer
196 views

Possible for employees to get retention bonuses after being forced out of the company?

The small startup company (~6 employees) I worked for was recently acquired by a larger, but still mid-sized company (~200 employees). As part of the acquisition deal, they offered us substantial 3-...
2
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1answer
182 views

Can an employer force an employee to have a social media account and put their current employment information on the profile?

A person I know recently received some new rules from their employer regarding expected social media behavior, which they need to sign. Before signing, I started reading it, and the last point ...
2
votes
1answer
735 views

Pay for unused vacation: Can India employer refuse to encash leaves?

I work for a small tech company (9 employees) in India. My appointment letter states that I get 2 days of leave for every month of service rendered. I have accumulated 20.5 days of unused leave over ...
4
votes
1answer
1k views

Must I pay new employee for reading the safety manual?

I live in California. Soon I will hire a household employee to cook meals for me in my home. Per California OSHA law the employee must be given and read a kitchen safety manual. Must I pay the ...
0
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1answer
713 views

What happens to my employment contract when my employer is acquired?

This is the point mentioned in my agreement regarding acquisitions, but I cannot understand this clearly. Does this mean I'll be forced to continue my agreement with acquired company, or can I relieve ...
3
votes
2answers
182 views

Does Title VII prevent employers from diversifying their workplace by refusing to hire people who aren't of a specific ethnic minority?

Can a private university announce that they are going to hire two new employees for a teaching department and require that they are of a certain ethnicity? I know of an educational institution that ...
1
vote
1answer
156 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 ...
0
votes
1answer
206 views

Does USA contract work outside the USA for non-residents?

I work as a software engineer (independent contractor) in Ukraine. Outsourcing companies here often provide two contracts to sign: one is a legal local contract with Ukrainian company and another one ...
1
vote
1answer
100 views

Is there liability for accidental deaths of astronauts?

I read about the death of an astronaut in an exploding rocket; I don't know if it was recent or not. Would the developers of this shuttle have been subject to any legal action, or would it be ignored ...
2
votes
2answers
2k views

Can a minor legally sign an employment contract?

Let's assume that Example, Inc. (a tech company based in California but registered in Delaware) wants to hire a non-emancipated 16-year old minor for a full-time position (using the principle of at-...
4
votes
1answer
109 views

What limited legal rights do bondholders, suppliers, and employees have in a corporation?

According to this article corporations prior to the 1970s were run differently; until the idea that Milton Freidman put forth that a corporation's job was to maximize shareholder value; before that ...
-1
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1answer
136 views

Is this termination procedure legal in California?

I live in California. I occupied a position for 8 months, where I sometimes worked from home (on a company’s laptop computer) sometimes on-site (on company’s desktop computer). Everything seemed to ...
0
votes
1answer
101 views

Can my manager use my picture without my permission after termination?

My photo was taken while I was a part of a company based in California. It was used on printed corporate documents and web pages. I didn't sign any document of image usage by the company, but didn't ...
0
votes
1answer
90 views

What is a 'arbeitnehmerueberlassung' German working contract?

I've been a contractor/consultant for years - I'm familiar with the issues tax authorities have across Europe with regards to consultants being considered as an employee or as a contractor but I have ...
2
votes
1answer
164 views

How can I have legal employees under an LLC without paying them?

I'm currently a college student (US) for computer science and a few of my friends and I are going to develop a few games for PS4, Wii U, 3DS, and possibly soon the Switch. We're all fine developing ...
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0answers
98 views

why would an employer ask for the right to change compensation

Please do not move this post to work place forum as this is a question for attorneys. I had an employer send me an offer letter with a statement stating that my compensation may change. Now I know ...
0
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1answer
827 views

What is the retention periods for employees data in Germany?

Being concerned by my privacy and the data held by my former employers, I am wondering how long German companies can keep data about their employees? The question is quite open on purpose, since I ...
4
votes
1answer
119 views

Employment contract prohibiting salary discussion in the UK?

I work for a company in the UK and my employment contract states that I must not discuss my salary with colleagues. I know that this is illegal in the USA but cant find any information about in the UK ...
1
vote
2answers
2k views

Is US Immigration policy's per-country quota cap for employment-based immigration illegal?

Although United States federal law has provisions against national origin discrimination, why does the immigration system still discriminate against people by national origin? Each country has a 7% ...
1
vote
1answer
150 views

Can an immigrant with an electronic tag (ankle monitor) be hired?

My parents own a small restaurant. While they were looking for a full-time employee, Latino woman, a mother of one child, applied with all the qualifying documents like SSN, and etc. (according to my ...
5
votes
3answers
585 views

Can non-employees ask prohibited questions of a job candidate?

This answer on Academia gave rise to a legal question. Situation: Academic employer is hiring for a position As part of formal process of hiring they allow students (not employer's employees) to ask ...
12
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5answers
6k views

Do Twitter disclaimers saying “opinions are my own” give any legal protection to the account owner?

A larger number of twitter accounts have a biography stating that tweets are their own opinion not that of their company. An example: Opinions are my own and not the views of my employer Does this ...
1
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0answers
46 views

Notifying to leave a job during Christmas season in UK

I am working in one of UK companies as an employee. I have one and half week holiday during Christmas period, it includes bank holidays and my personal holidays. My notification period is one week as ...
0
votes
1answer
116 views

Can a company disallow taking annual leave during a notice period?

I have just resigned from my current company and I briefly mentioned I have unused annual leave left to take. They have told me, it is company policy to pay leaving employees for unused annual leave, ...
2
votes
2answers
142 views

Is an employer liable for a hostile work environment caused by clients?

The setting: a group home for juvenile males. The situation: they are court ordered to be there. The problem: they verbally abuse staff on a daily basis, and in some instances, physically abuse ...
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2answers
217 views

Can I file a job discrimination lawsuit against a company that repeatedly rejects me?

Context: I've been working as an IT specialist for > 15 years (some years full time in the office and last few years as a freelancer) and have a higher education degree in IT. I have Asperger's and ...
1
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2answers
158 views

Is a verbal agreement to start the hiring process (ie. preparing the contract) binding? (Germany)

Is a verbal agreement to start the hiring process with a German company in Germany binding by the German law? In other words, does one have to sign the contract once it is ready?
0
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2answers
1k views

Determining enforceability of terms in fixed-term employment contracts in the USA

In the USA, employment is usually at-will, meaning that either the employee or the employer can terminate the employment relationship at any time for any (legal) or no reason. However, it remains ...