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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15
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2answers
111k 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 ...
6
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1answer
4k 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 ...
8
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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 ...
2
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2answers
309 views

Am I legally responsible for being a developer of a code, if my customer uses it illegally?

I am from an Europe country, I work online and get orders on freelancer websites. Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 ...
11
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2answers
860 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 ...
33
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2answers
10k 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 ...
49
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4answers
10k 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 ...
8
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1answer
587 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 ...
4
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1answer
354 views

Risks of Working for Medical Marijuana Company

Some states allow marijuana for medical use and recreational use, although it is still illegal federally. Is there any risk at going to work for one of these companies? If so is there a difference ...
4
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2answers
212 views

Is it actually illegal to ask about things such as pregnancy/family status/etc in a job interview?

I often see articles saying questions are illegal to ask when interviewing a candidate. Something like this is a good example: Are you planning on becoming pregnant in the near future? Are you ...
3
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1answer
3k views

Can an employer force all employees to open bank accounts in the employees' names?

[asking regarding federal law in the U.S.A. only] Recently I have noticed low wage employers such as fast food and retail requiring employees to open a bank account through the employer. Such ...
6
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2answers
9k 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 ...
4
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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 ...
1
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1answer
73 views

If a party says something about interpretation of contract, is it binding?

Contracts can be complicated and lots of companies prefer to use boiler plate. If someone is asked to sign a contract and then asks a question about it, does the answer given by the drafter have legal ...
0
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1answer
188 views

What recourse does an ex-employee have when commission/wages are being withheld by employer?

I recently left a position while still owed commissions for a deal that closed after my departure. My activities, duties, etc. on this deal were completed. I simply needed to wait for the other ...
47
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9answers
38k 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 ...
22
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1answer
2k views

Is it legal to have unpaid volunteer moderators (or other types of volunteers) on a for-profit community website?

It seems like everyone does it. I've never heard of a paid moderator (though I'm sure they probably exist). From what I've gathered, however, it sounds like having any kind of volunteers is illegal ...
13
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4answers
6k views

Conflict between a religious belief that accounts for the existence of transgender people vs. one that doesn't

Country: US State: Michigan Example: Ann belongs to a denomination that accepts the existence of transgender people as what they claim they are. Ann starts a company that grows to over 25 employees,...
17
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4answers
5k views

What are my options legally if NYC company is not paying salary?

UPDATE: I was just let go today, May 8. After being let go, 2-3 hours later I was asked to sign a general release. Obviously I declined. I told them I cannot sign a general release as I have a claim ...
5
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1answer
902 views

Moral rights / attribution for software written for a company

I understand that software written during a employment/contract with a Company belongs to said Company (e.g. they hold the copyright to software source code and other IP produced during the course of ...
15
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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 ...
7
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2answers
1k 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 ...
4
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2answers
894 views

Could I apply for a job at Hooters with the intent of suing for a settlement when they don't hire me?

The highest ranked answer to a previous question states that BFOQ exceptions (probably) would not be a sufficient argument for allowing Hooters to discriminate against a protected group. In fact the ...
3
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1answer
369 views

Is it legal to preferentially hire men instead of women because women can get pregnant?

Let's say Alice & Bob apply for a job, and both of them are equally good. The company they're applying to decides they'll hire Bob because Alice can potentially get pregnant, which means they'll ...
2
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1answer
169 views

Job interview according to the laws of Washington State, USA

According to the laws of Washington State, USA; 1) Is it legal for a person to be asked their preferred pronouns during an candidate job interview? 2) Is it legal for a company to ask anything that ...
1
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2answers
4k views

Can an employer force an employee to donate to a charity?

Can an employer force an employee to donate to a charity and is it legal that they know how much an employee contributes? This is in the U.S. with a large global corporation.
1
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1answer
148 views

What types of recourse do I have against people who contact my employers about thing I have of Facebook?

I made a factual statement about mathematics on Facebook. A group of people took exception to what I said and decided that they would contact my employer because they thought it made me unfit to be a ...
8
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2answers
2k 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 ...
7
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1answer
532 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 ...
5
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4answers
263 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 ...
4
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1answer
1k views

Mandatory participation in workplace holiday potluck

NOTE - this is strictly hypothetical and I am not asking for legal advice. In the case that I ever do need real legal advice I'll find a real lawyer and pay them for it. Suppose my employer decides ...
4
votes
1answer
1k views

Employer Paying Less Than Agreed

I'm an undergraduate in the U.S., and a few weeks after starting my tutoring job this year at my university, my employer changed the manner in which I am being paid. I signed a form that states "ALL ...
3
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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. ...
3
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1answer
220 views

No break clause in academic contract

I came across a mention of a "no break clause" in academic contracts, i.e. a clause in working contract by which an academic is liable to a penalty if they terminate their contract before the end of a ...
2
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1answer
231 views

Employee fired for reporting a serious injury, but in a roundabout way - How difficult is it to prove the employer's motive?

As per my previous question How do Florida's labor laws protect employees injured when asked to do something unreasonable? A girl working in Florida insisted on filing an injury report after being ...
2
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3answers
128 views

Does one-way written communication bear legal standing?

This question is based on this question over on Workplace SE. I am neither the OP of that question nor in any way related to the OP, I'm asking this question out of personal curiosity. In brief, the ...
2
votes
1answer
122 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 ...
2
votes
1answer
819 views

Can an employer withhold a relocation repayment from an employee's last paycheck?

My current employer paid me $2500 to relocate to Tempe AZ from Chicago, roughly a year and a few months ago. I'm leaving, though I have an agreement as part of that relocation that if I leave / quit /...
2
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1answer
954 views

Employer did not accept resignation in Germany

I'm currently working for a company in Germany and the notice period is two weeks. I sent my resignation via E-mail. They told me after 3 days that they did not accept it because I need to send it ...
2
votes
1answer
285 views

Company changes its legal name but not that on its staff handbook. Can I ignore the staff handbook?

In UK employment law, the staff handbook often forms part of the contract. I work for Company XYZ. This is clearly stated in my contract. The handbook is for Company ABC, which is my employer's old ...
2
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2answers
468 views

Employer Requires Employees to pay Cash Gift to Owners

Every year an Alabama based small business requires every employee (except for the daughter of one of the owners, apparently) to pay a $30 cash gift that is split between the two owners. In theory, ...
1
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2answers
127 views

Can an employer charge employee/contractor a processing fee for payment?

I had worked for a company (whether as an employee or contractor is disputed). They would e-transfer me payments and take a small amount off to cover the cost of e-transfer. I told them I never agreed ...
1
vote
1answer
506 views

Are NBA players ,who sign 10 day short term contracts, classified as employees or independent contractors?

Question When in the NBA, a player with a two-way contract will accrue a day of service and make money consistent with an NBA rookie minimum... Those are the words that struck me to ask: whether ...
1
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2answers
237 views

How do rules of conduct apply when acting in a pro hac vice role in another state?

A lawyer's client sent me a mild threat via text message. I have contacted the attorney on 4 separate occasions requesting an explanation/response from the attorney. They have not responded. Are there ...
1
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2answers
418 views

May I legally work in a restaurant with typhoid if the employer knows?

I contracted Typhoid while visiting family in Central America for a funeral. I work minimal wage at a restaurant/arcade preparing food, and cannot afford to miss work. My boss will not allow me paid ...
1
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2answers
94 views

Can my work force me to pay for their compulsory in-house training?

My contract with work states if I leave within 18 months I must pay for the mandatory training they sent me on of £1800. I am already qualified in my field and this course was just to learn their way ...
0
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2answers
209 views

Does this district bylaw prohibit staff talking with the press about the school buildings themselves?

Does this district bylaw prohibit staff from discussing the building itself with the press, or prohibit staff from providing the press with photos or videos of the building itself? (that is, with no ...
0
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1answer
71 views

Liability for vaccination required by employer

Suppose a current employee of some company is required by that company to receive a certain vaccination to remain employed. If the employee suffers damages by receiving the vaccine and it can be shown ...
0
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0answers
185 views

How to publish a book having TIER4?

I have read the documents stating which types of work are available for the students, studying in the UK and having TIER4 visa. These state that you can't be self employed. Another site suggests that ...
0
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1answer
208 views

When can an employer sue?

I've seen some pretty intense contracts employees must sign before starting work for a company. Some have very vague statements like "agree to abide by our code of ethics". My question is when can a ...