Stack Exchange Network

Stack Exchange network consists of 175 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

Questions tagged [employment]

For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.

199
votes
7answers
42k views

If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?

There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return ...
49
votes
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 ...
46
votes
3answers
14k views

Virginia employer terminated employee and wants signing bonus returned

A Virginia employee was terminated within 1 year of hiring because the on-site customer felt he was "too negative". Offer Letter: Along with this offer, you are receiving a $10,000.00 signing bonus, ...
46
votes
4answers
9k views

Can an employer withhold pay for a fire drill?

Moved from WorkplaceSE. Recently there was a routine fire drill in an office building. As with most fire drills, it took about half an hour for the fire drill to complete and for everyone to get ...
38
votes
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 ...
34
votes
1answer
6k views

Do I have legal rights against a company that offered me a raise to not leave, and then promptly fired me after turning down the other offer?

I was just informed of this situation that occurred somewhere by a co-worker, and was wondering what the legal ramifications are (U.S. Law). To be clear, the scenario is as follows: I tell my boss I'...
30
votes
2answers
8k views

What are the rules on businesses that wish to only hire attractive females?

Many businesses feature beautiful female employees as part of their business plan and service offering. Examples include: Hooter's waitresses Sportclips stylists A small chain of drive-thru smoothies ...
24
votes
1answer
5k views

Is it legal for an employer to charge an employee for lost equipment?

I work for a hospital in Alberta, Canada. As part of our job, we're required to use a walkie-talkie-like device called a Vocera Badge. Over the course of the last few years that we've been using them,...
15
votes
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 ...
13
votes
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 ...
13
votes
2answers
87k views

UK: Is it legal to secretly audio record a meeting or a phone call? Is it possible to use such recording in court?

In the United Kingdom: Is it legal to secretly audio record a meeting (in an office) or a phone call while being a participant? Is it possible to use such recording as an evidence in court or ...
12
votes
2answers
13k views

The legal length of one month

Referring specifically to employment contracts in England, I've seen contracts that specify "one month of notice" to be given before termination of the contract. This does not specify whether this ...
12
votes
2answers
462 views

What legal standing do non-compete clauses have in employment contracts?

Almost every job I have ever held has a non-compete clause, lasting for up to a year after I leave a particular organisation, prohibiting me form delivering similar services on behalf of a competitor. ...
10
votes
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, ...
9
votes
3answers
2k views

Will my employers contract hold up in court?

When I started a new job back in July of 2017, I signed a contract that had the following bindings or restrictions if I was ever to leave the company: Cannot work for a competitor within 25 miles of ...
9
votes
2answers
504 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 ...
8
votes
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 ...
8
votes
2answers
359 views

Am I obligated to sign contracts and fill out paperwork post termination?

I was asked to resign from a startup then sometime down the line the company asked me sign the following documents Terms of Resignation Employee Invention Assignment and Confidentiality Agreement ...
8
votes
3answers
8k views

Can my manager make me do unpaid training like this?

Context: I work at a restaurant in the UK. I am new and haven't yet completed the online training Program's I have been asked to complete. It's pretty much a zero hour contract (I think it's 12 hours) ...
8
votes
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 ...
8
votes
1answer
396 views

In the UK can a job search be limited to women only

As a spin off from this question on Academia.SE, under the Equality Act of 2010 can a UK employer limit a job to only women? That question has additional aspects that are not relevant to my question. ...
8
votes
1answer
3k views

Is a job offer letter sent and accepted by email, legally binding?

TL;DR: You could also jump to the last paragraph. I was interviewed and selected by a software startup in India. Saturday was not a working day for them, but yet their tech VP, product manager and ...
8
votes
1answer
370 views

Are U.S. employers subject to Canadian employment law if they hire a Canadian to work remotely?

Hypothetical Facts U.S. company ("A") hires Canadian worker ("B") to work as an unpaid intern. B never physically leaves Canada and does all her work by telephone, computer and internet. A has a ...
8
votes
1answer
284 views

Is “expiring” business software considered sabotage?

I developed a software system for my employer. Because this was outside my job description the owner agreed to pay me monthly to maintain the system. Because I knew the owner had a tendency not to ...
7
votes
1answer
768 views

Employer refuses to release 401K

My wife has been employed at a Fortune 50 company for 10 years and was laid off in March 2017. When we asked about the 401K we were told that our address is not correct and the 401K plan manager ...
7
votes
1answer
1k views

Do Sunday working hours count towards overtime?

Apologies if this should be in Workforce Exchange... I live and work in Massachusetts, US as a full-time, paid hourly, retail worker. I work Wednesday though Sunday. In Massachusetts, I am entitled ...
7
votes
1answer
1k views

Is my bond (employee contract) legal in India?

I live in India and I have signed a contract of one year with my employer. But now I want to leave my company. However when I sent my resignation email they told me to take legal actions on me. ...
7
votes
2answers
270 views

Why must resignation letters in Brazil be handwritten?

I resigned from two companies when I worked in Brazil and in both cases they demanded that I write a resignation letter by hand. In both cases the human resources department would not accept a letter ...
7
votes
1answer
463 views

Could an employee be fired as they are about to quit in order to pay them severance?

In series finale of The Office, Jim and Pam are about to quit their jobs in Scranton to move to Philadelphia. As they are about to quit, their manager, Dwight, fires them, and tells them that they ...
6
votes
2answers
122 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 ...
6
votes
2answers
237 views

Employer-mandated participation in self-help meetings with strong pseudo-science and religious undertones

My employer has started a 7-week series of classes, to which all employees currently on the clock are expected to attend. We are paid for the time the same as if we had been working. The self-help ...
6
votes
2answers
5k views

Can an employer require employees be Christian?

One of the "essential duties and requirements" for this job posting on Stack Overflow is: Maintains a personal, active relationship with Jesus Christ and is a consistent witness for Jesus Christ ...
6
votes
1answer
177 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 ...
6
votes
1answer
2k views

Is it legal to work without pay - Canada?

I have heard it can be illegal to work without pay. Under what circumstances is this true? I could see why it would be illegal for certain things (like a police officer not getting paid), but what ...
6
votes
2answers
439 views

Are pre-employment drug screening results not obtainable by the patient?

Can an individual require access to his pre-employment drug screening results in the United States? I am mostly interested in California and Massachusetts.
6
votes
1answer
117 views

If I am employed in the UK but WFH from another country, am I a UK tax resident?

I have a standard full-time engineer contract in the UK with a company that is pretty big and has offices here and there in the world. Due to personal reasons, I'm working from France, since all I ...
6
votes
1answer
119 views

Are remaining “paid leave” paid at the end internship in France?

I am a french student, during a six-month internship in France. Thus, my question is restricted to this country only. My contract gives me 5 days of paid leave. I have used only 3 until now. I will ...
6
votes
0answers
596 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. ...
5
votes
4answers
209 views

Legally, in the U.S. (NY, NJ, FLA), what determines the difference between a THREAT and NEGOTIATING, for either side?

I have been told that lawyers who are "negotiating" a settlement (or similar) have quite a bit of leeway when doing so as far as not being legally held to certain things they may say or offer during ...
5
votes
3answers
624 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 ...
5
votes
2answers
162 views

Tools of the trade, software implications

My understanding of the general legal principle of "tools of the trade" is that tools which are necessary for the exercise of a profession are the inviolate property of the tradesman and cannot be ...
5
votes
2answers
670 views

What can a father do to become the primary caregiver?

My girlfriend and I live in Indiana. Someday, we would like to get married and have a baby. And God could surprise us with a baby anytime before marriage too. Ideally, I would like to split parenting ...
5
votes
2answers
176 views

Is there any legal limit on how long my employer can ask me to travel?

I'm a salaried employee at a Fortune 500 and my contract says nothing specifically about travel (and no mention of anything like % of time traveling in the req etc.) I was asked to go on a 2 week ...
5
votes
2answers
787 views

How to freelance in the UK without violating the terms of my visa?

I am a non-UK student studying in the UK. I have a visa and everything is pretty good, but my visa states that I can work no more than 20 hours per week. I don't want to have any problems, so how can ...
5
votes
2answers
845 views

Difference between employer vicarious liability and personal liability

The Health and Safety in Employment Act in New Zealand is a criminal provisions act. So employers can be both vicariously and personally liable for actions of their employees. When may an employer be ...
5
votes
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 ...
5
votes
2answers
222 views

Terminating an employment agreement with non existing “statutory notice period”

I received an employment contract for a definite term of six months. One of the articles in this agreement states (literally): The Agreement can be terminated prematurely by each of the Parties ...
5
votes
1answer
2k views

What type of organizations are exempt from EEOC regulations?

What type of organizations are exempt from EEOC (Equal Employment Opportunity) regulations? I know that very small businesses are usually exempt. How about non-profit organizations? How about ...
5
votes
1answer
104 views

Are you entitled to a copy of your employment background check?

In Ontario, Canada, are you entitled to a copy of your employment background check? Does it matter of you were offered the job or not? Is there a time limit? Background check consists of reference ...
5
votes
1answer
322 views

Can one apply to be a Hooters Girl for a free settlement?

As per discussion at Is it legal to let people search for professionals by gender?, it was mentioned that customer satisfaction and preferences alone do not justify a Bona Fide Occupational ...