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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.

6
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0answers
564 views

Fired for refusing overtime? (Canadian Engineer)

So I'm in a bit of a tricky situation right now, and would like some advice. Here is the relevant background information: I am a salaried employee (engineer in training) based in Ontario, Canada. ...
4
votes
0answers
70 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 ...
4
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0answers
88 views

Workplace law for dismissals and probation extensions

I posted a large amount of background info here. In short: I began working for a company in the UK on the 1st June this year. My 3 month probation was extended by one month. The notice to extend ...
3
votes
0answers
25 views

Is there a difference in “termination of employment” qualifying event trigger between group health insurance and 401(k)?

My job uses a Professional Employer Organization to handle payroll and benefits. This is a coemployment relationship, not temp/staffing, nor subcontract. The PEO is the issuer of my W-2 and listed ...
3
votes
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? ...
3
votes
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 ...
3
votes
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
votes
0answers
109 views

Quebec language law and “French First” requirement

Suppose I am developing an application for company A which will be used by A's employees worldwide. A has offices in Quebec, Canada. I am aware that local laws exist in Quebec which protect workers ...
3
votes
0answers
300 views

What legal employment rights do people with an embarrassing past have?

A few years ago a school teacher in the US lost her job when it was discovered that she had previously performed in pornography. There was no suggestion that she was a poor teacher, it was simply the ...
3
votes
0answers
619 views

Is “giving notice” the same as “resigning”?

An employee gives two weeks notice to resign from his job. For example, on Monday, September 7th, the employee gives notice that he or she wishes to resign with the last day of work on Friday, ...
3
votes
0answers
331 views

Volunteer work while on F1 visa in the USA

Can an F1 international student in the United States who is employed 20 hours per week as a teaching assistant or research assistant perform some volunteering work that potentially grant him/her some ...
2
votes
0answers
61 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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0answers
74 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 ...
2
votes
0answers
162 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 ...
2
votes
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 ...
2
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0answers
25 views

Drug-testing on background

What sort of circumstances would allow a company or lab to put a positive pre-employment drug test on your background or send it to a consumer report agency? I'm curious about the consequences of ...
2
votes
0answers
124 views

My pregnant wife is experiencing a lot of stress at work due to an incompetent manager. What are her rights?

My wife has had a new boss a few months back. He does not understand the role his team plays in the organisation. He has tried to force (he uses the word encourage) my wife to take up work that is ...
2
votes
0answers
193 views

Ship of Theseus paradox for developers

Suppose you are employed as a software developer. You work in a business where you code a lot of components. During this period, you also work as a freelancer to earn extra cash. These freelance ...
2
votes
0answers
226 views

Can Canadians who are professional actors come to the U.S. for pleasure (non-work)?

My friend is a Canadian actress (who I also represent) and she was just wondering if it's possible that she can come to the U.S. like any other Canadian might for "pleasure" or the usual 6-month stay ...
2
votes
0answers
28 views

US work authorization laws for non-resident aliens

Say I was offered a job by a US corporation, but I would remotely from a different country. Do I need some sort of work authorization or documentation before can I commence work? Will I be required to ...
2
votes
0answers
68 views

Are all interview questions that don't apply to essential functions illegal?

Let's say I want to assess how comfortable a candidate is with casual conversation, and if he would fit into our business culture. If I ask a question like "What kind of music do you like?", is that ...
2
votes
0answers
92 views

Does an employer have to compensate travel time to mandatory training in the UK?

If an employer in the UK makes an employee go to mandatory training, does the employer have to compensate the employee for the travel time?
1
vote
0answers
32 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 ...
1
vote
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 ...
1
vote
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
vote
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 ...
1
vote
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 ...
1
vote
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 ...
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 ...
1
vote
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
vote
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 ...
1
vote
0answers
18 views

exemptions of federal employment for Schedule A disabled applicants

If you are permanently disabled, and a job posting by the federal government (Army, Veterans Affairs, etc...) requires you to be a member (Army = registered with a recruiter prior to age 36; VA = ...
1
vote
0answers
68 views

What constitutes gross misconduct for teachers in the UK?

I recently heard of a story where an employee at a primary school in England was put on paid suspension. The reason given for this suspension was that she attended a peaceful demonstration against ...
1
vote
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
vote
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 ...
1
vote
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 ...
1
vote
0answers
48 views

Montreal, Canada: can I be asked about my illness when I call in sick?

When I call in sick, does the person answering the phone at the time of the call, have the right to ask me what illness I have and/or my symptoms?
1
vote
0answers
44 views

How does one make sure one doesn't misappropriate employer's software trade secrets? What counts as a SW trade secret?

Say I work at one of the big tech companies. While working there I am exposed to design documents of software systems, specifications of algorithms, and code. Say later I quit that company and wish ...
1
vote
0answers
52 views

Negotiating “work for hire” rights back?

On this page it says: "Even when you create works as part of your job, it may be possible for you to negotiate to obtain some rights back from your employer." How would you go about doing that? ...
1
vote
0answers
65 views

Is it legal to forge a employee's signautre

I have recently been fired from my company. Filling out my unemployment information, I realized that my employer signed my W-4, and Direct Deposit Authorization as me (Forged). I am worried they may ...
1
vote
0answers
49 views

Can expunged records be discussed by an employer during a reference check

I know that legally there is nothing wrong with disclosing all details of an expunged criminal record, and that employers are allowed to say anything that is true. However, are there any laws that ...
1
vote
0answers
39 views

Are there any laws governing US employers retaining images of SSN card?

I know that a company in the US can ask for your SSN, and you may refuse just as they will refuse to employ you. On the W-2 section of the SSA site, it states that IRS Pub 15 says: “You should ask ...
1
vote
0answers
37 views

Does my temp agency have to provide me a accessible chair or ramp?

I work for a temp agency and they don't really have anything to do with the day to day operations of the client they sent me to. I have some problems with mobility and I asked my boss at 'the client ...
1
vote
0answers
19 views

Companies that self-insure for employee health plans in the US - reporting requirements?

In the US, do companies which self-insure for the health care plans they offer employees have any duty to make a publicly accessible financial report on their health care plans? That is to say - are ...
1
vote
0answers
230 views

If you get denied at MEPS, and serve in a military campaign, how do you get the EEOC to administer your benefits?

According to EEOC regulations you can't get discriminated for equal employment opportunities for employment, and some civilian agencies are the military equivalent, so with that said you can't be ...
1
vote
0answers
93 views

Does a conscientious objector have the same rights as someone with religious exemption?

There are several laws that allow the omission of an SSN to employers and non-governmental agencies. The general context of those laws is a religious basis. As America becomes more secular, I wonder ...
0
votes
0answers
21 views

TUPE EU Directive - Employee Undertaking Business After Notice Of Dismissal

We have decided to wind up our business due to economic circumstance. We have given our employees notice. Since dismissal, one employee has expressed an interest in the business. They have said they ...
0
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0answers
26 views

Does the minimum salary test apply to small companies?

There are lower wage requirements for smaller companies. Does the minimum salary requirement/test for computer professional exemption in California (which is much higher than the federal requirement) ...
0
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0answers
27 views

Must an employee work any certain amount of time at a company in order to collect unemployment benefits? Also question about changing careers.

Jurisdiction is Minnesota, but I’m generally curious about how this works. This is purely hypothetical and I’m not looking for legal advice. Let’s say a person is a project manager for a lot of ...
0
votes
0answers
38 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 ...