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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2answers
128 views

What are the legal ramifications of using Post Nominal Letters from a degree mill?

Background This question was sparked by a question about firing an employee with a B.A. from a degree mill To my knowledge, using protected post nominal letters that are related to a professional ...
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2answers
99 views

Reasonableness of Drug Testing

As far as I know, the purpose of drug testing is to make sure that people aren’t under the influence while working. But something doesn’t make sense about this. Drug tests determine whether someone ...
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2answers
145 views

Texas, USA - Is it illegal to have an applicant do work for your company as a “Test?”

I've got a college grad I am mentoring and he just drove for 2 days, to apply for a job. The person he met with wanted him to take a programming test, and instructed him to create a website to show ...
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2answers
101 views

Would it be legal in New York to only hire from Harvard Law School?

The premise of the television programme Suits relies on a New York law firm so élitist that it only hires Harvard Law School graduates, and rejects all other applications. In real life, would this be ...
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0answers
14 views

What are the existing regulations and laws about on-call shifts in retail industry in California?

My wife has recently started working as a floater pharmacist at one red-colored pharmacy chain in California. Just a side note, while my wife has worked there, she personally vaccinated more than 1000 ...
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2answers
126 views

Can employer deduct minutes worth of pay for clocking out few minutes early?

I started working in a retail store. We are scheduled to work for 30 minutes after the store closes to finish the closing procedures (such as turning off lights, locking doors etc). For example if the ...
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1answer
49 views

Remedy for employee regarding Provident Fund

What are the possible charges an employee can take against an employer regarding Provident Fund - An employee works in a company for a short duration i.e., less than a year. Employee who was able to ...
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0answers
24 views

How could one form a contractual NDA within an employer funded redundancy program

I am being made redundant, and as part of that process I am being offered training, including a significant amount of 1 to 1 coaching. The coaches are paid by the company, and have no contractual ...
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5answers
13k views

Why is stealing from an employer a criminal act when stealing from an employee is a civil act?

Here is the full question with all the context and details: In the majority of cases in the U.S. about theft at a workplace, why is the matter usually tried in a criminal court when the employer is ...
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9answers
7k views

How will anyone know if an employer fires an employee for an illegal reason?

From the Wiki article "At-Will Employment": At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any ...
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1answer
165 views

Does a store have to hire someone with conflicting views on the pandemic?

Suppose a store is considering an employee for hire when a social media review finds views that conflict with both prevailing governmental advice as well as the views of management. If the discovery ...
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3answers
278 views

Can you be fired over behaviour in a second/previous job?

This is quite long-winded and I've tried my best to simplify it as much as possible. I'll clarify if needed. Legal jurisdiction here is US and UK law (if there's a difference). There are three ...
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1answer
33 views

UK Copyright and IPR in the course of employment: Employee vs Worker

https://www.legislation.gov.uk/ukpga/1988/48/section/11: 2)Where a literary, dramatic, musical or artistic work or a film, is made by an employee in the course of his employment, his employer is the ...
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1answer
175 views

Is “canceling” people tortious interference?

Is "canceling" people tortious interference? As a concrete example, Richard Stallman (RMS) is/was employed by the Free Software Foundation (FSF), MIT and other organizations. He voiced ...
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6answers
6k views

Is the requirement to have any type of degree or certain amount of years worked discriminatory?

I am mostly curious about qualified candidates that cannot prove their skill, because they cannot get it to the interview. I'm a developer, but the question is not focused on IT. I've had two cases to ...
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1answer
98 views

Is employment discrimination against obese people legal?

Some scientists have proposed links between obesity and personality traits, e.g. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2914627/ More self-controlled boys and girls are less likely to become ...
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6answers
6k views

Is the requirement to have positive attitude discriminatory?

Many companies list "positive attitude" as a requirement for the candidates, including job positions that have nothing to do with customer service or management (for which jobs it could be ...
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2answers
112 views

Can an employment contract exclude “reasonable notice at common law”?

In an employment contract, is this enforceable? The Company may terminate your employment at any time, without just cause, by providing you with the minimum notice or pay in lieu, that you are ...
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3answers
340 views

Can I ask a potential employee if they are colorblind?

We have an inspector's position open. The job duties are to perform detailed inspection on parts we manufacture. Our customer requires that their parts be inspected by someone who is not colorblind. ...
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1answer
59 views

Are anti-employee-poaching clauses in contracts enforceable?

Many companies have so-called "anti-poaching" clauses in job contracts to prevent employees that leave from referring their old colleagues. I heard some large tech companies have got in ...
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1answer
126 views

Would the ADA allow a teacher with comorbidities relevant to COVID-19 to insist on teaching remotely in Fall 2020?

I am a professor at a large state university which has announced it will teach classes on campus this fall, and I am diabetic. I am very concerned about whether my university can provide an ...
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1answer
221 views

Must an employer provide a break room/lunch room to its employees?

I started working in a retail store. It has no lunch room, break room, or a place where employees can sit comfortably to relax. In practice there's a storage area where people use bins to eat their ...
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1answer
134 views

Can an employee be disciplined for breaking a rule that is clearly not usually enforced?

I started a new job working in a retail store. The employee handbook has several official rules and policy which are clearly not enforced. For example no dogs in the store no cellphones at work ...
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2answers
306 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 ...
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2answers
52 views

When does liability and actions defer to the corporation

This question arises from the following question: WorkPlace_Refusal If you are requested by an executive to perform a task that you believe is illegal, the executive assures you that it is legal, ...
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1answer
63 views

Paid Family Leave in New York State

If I take FMLA and use sick time and vacation time during my leave, would I still be able to receive any monies from NYS thru its Paid Family Leave? Or since I am being paid, I would not be eligible ...
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0answers
31 views

Can an employer mandate an EUA-approved vaccine?

Liberal political commentator Matt Yglesias just tweeted this: I’m not an expert in Vaccine Law. But the military requires a lot of vaccinations but says it can’t require the Covid vaccines because ...
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2answers
175 views

Can an employer ask an employee about personal health matters (HIPAA) and COBRA decision in public?

Hypothetical Scenario (in the US): Susan's employer, MoneySavers, offers COBRA to employees who separate from the company. Susan has given her two weeks' notice (she has quit her job) and will soon ...
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4answers
7k views

Can Hollywood discriminate on the race of their actors?

Under the Civil Rights Act of 1964 and later addenda, employers in the US "cannot discriminate" on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), ...
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0answers
27 views

Can a business (under an LLC designation) have un-paid labour?

My question is simple/straight forward (i hope). You may assume the business is for-profit, but I would love to know what the rules are for non-profit. Here is a scenario just to give some layout/...
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1answer
94 views

Does this non-compete clause basically mean the signer can't work in a similar job for 6 months after quitting?

In a non-solicitation contract there is a section that reads as follows. Does this bar the signer from working in information technology sector for 6 months? Put simply, does this means he would have ...
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1answer
65 views

Is there a penalty for late registration of self employed status in Germany?

I believe it is the case (please correct me if this is wrong) that if someone earns money in Germany on a self-employed basis, then they are supposed to register as self-employed with the local ...
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2answers
4k views

Am I owed this profit-sharing benefit after quitting?

This is in California. I quit a job over a year ago and finally, just recently, got the last profit-sharing benefit. But when I saw the amount, it looks like I got 3-5% of my wages for the eligible ...
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1answer
29 views

How to employ people from another country where they live abroad? [closed]

I'm setting up a tech startup but I want to employ people from anywhere in the world. My base would be the UK, but as my startup requires web engineers which are a rare commodity on today's market, ...
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2answers
172 views

Are companies at sexual discrimination risk for using whiteboard interviews during the job interview?

Background Currently, many companies hiring software development engineers use a whiteboard algorithms interview technique. This involves asking the job candidate to code a solution to an algorithm ...
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1answer
75 views

When does “forced flex time” become “unpaid overtime”?

Jurisdiction: Ontario, Canada. Facts: Salaried employee. Employer has made it very clear that working hours are strictly 9:00 - 12:00, 1:00 - 5:00. No flex. Clients often request services outside of ...
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1answer
93 views

Non FDA approved Covid vaccine required by employer

Can an employer legally require employees to get the NON FDA approved covid vaccine or be terminated? Where is the legal information on this? The concern is it being non FDA approved and requiring it. ...
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3answers
124 views

Question about employment contract

I was asked to agree to the following employment agreement and I have concerns: I acknowledge that all of my work product, including materials, ideas, and other property, whether or not copyrightable,...
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1answer
48 views

What is the extent of this “invention” clause in this contract?

OWNERSHIP OF WORK PRODUCT, IDEAS, INVENTIONS, DISCOVERIES AND TRADEMARKS I shall promptly disclose to (COMPANY) all ideas, inventions or discoveries, whether or not patentable, which I may conceive or ...
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1answer
44 views

EU potential employer asking for Police Clearance Certificate because of my nationality

I'm from Portugal and living in Poland now. I have passed a recruiting process for a Danish company here in Poland. The company stated that as I'm not Danish, nor Polish, I should go through an ...
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3answers
352 views

Is a verbal agreement to start the hiring process (i.e., “preparing the contract”) binding?

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?
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0answers
33 views

Does whistleblower protection apply to very minor violations?

This is a hypothetical example of the kind of minor violation I'm talking about. This is not an actual situation. Suppose a company has the rights to use some music videos, so a boss tells an employee ...
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0answers
69 views

Patent ownership for inventions by employees on unpaid COVID leave

According to the employment contract, anything an employee comes up with, at any time (e.g. during weekends and completely unrelated to work) is the property of the company. It seems harsh but as ...
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1answer
93 views

How do affinity groups (e.g., employee resource groups) not violate discrimination laws?

A lot of companies have these, Women's groups, Black groups, LGBT groups, etc. Some of these groups are open for non-identifying folks to join (e.g., as allies) but some are not. For the ones that are ...
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1answer
76 views

Could a nursing home accept payment to 'hire' someone for a one hour a month part time job to get a vaccine?

The Covid-19 vaccine is being released first to people who work for nursing homes, hospitals etc. In theory if someone values getting the vaccine as soon as possible they may be willing to go to ...
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2answers
69 views

Can we issue a certificate of employement for someone if our company is not legally registered? [closed]

I was a co-founder in my friend's startup for 6 months in India. It was something out of passion, not about money. So, the Company wasn't registered legally, all 10 of us were volunteering our ...
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2answers
3k views

Could the GoDaddy employee self-phishing test constitute a breach of contract?

Recently, GoDaddy executed a self-phishing test against its own employees. The message that employees received said that they could claim their holiday bonus by submitting their contact details on ...
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2answers
169 views

Does parental leave count towards extinguishing a debt to the employer?

My partner has recently been on a training course (paid for by the company, a substantial amount of money) with the caveat that she'll have to repay it (entirely or just part of it) if she leaves the ...
2
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1answer
42 views

Is it standard to have “subsequent employment” clause when signing a NDA/IAA for a freelance project? And is it enforceable in New York?

I am considering doing a freelance project but the prospective client want me to sign a IAA which has a clause that reads: "Subsequent Employment. In consideration of the Company's promises ...
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1answer
87 views

Is an employee liable if he used pirated software at work (small company)? [closed]

So I know someone who suggested a pirated software to use at work and the company honored it.. Now they are being fined by the owner of the software for 10,000 Euros.. The company told him and the ...

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