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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36 views

How to solve the E-2 treaty investor visa chicken-egg dilema?

The US offers the E-2 visa to investors from treaty countries. For the application, a substantial investment at risk and proof of customer agreements, wage reports and so one are required. Would that ...
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1answer
134 views

Can employer force me to handover my updated passport? [closed]

I work for a EU organization internationally, They have had my previous passport on file for more than a year, but it has expired last year: They are now requesting I send them my new passport "...
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2answers
109 views

Can lack of dual citizenship be a job qualification in Canada?

Some organizations in Canada have an official preference for hiring Canadian citizens, and say so in job announcements. If one is a Canadian citizen but also a U.S. citizen, does that mean one would ...
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1answer
99 views

Can a manager reduce my work hours because there has been (unverified) issues with a coworker?

I am having a conflict with a coworker. Without going into the nature of the conflict, the manager wants to schedule us on separate days. However this would mean a reduction in the hours I work in a ...
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1answer
97 views

Can an employee in the UK (England) be imposed a contractual duty to subject themselves to marijuana tests?

Bob, a citizen of the UK, is a white collar employee of a UK construction company. They never engage in hazardous work or work that is, within the scope of its risk, can endanger others. Can the ...
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1answer
65 views

Can Idaho employers ask about dismissed criminal convictions?

In California, if a person is convicted of a crime, then later has the conviction dismissed under Penal Code section 1203.4, then Labor Code section 432.7 makes it illegal for employers to ask about ...
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7 views

Can a blue card visa holder in Germany work for 1 company and another free internship on the side?

We have a situation where we have somebody in Germany who is working for someone already, a normal job. This person is here in Germany on a Bluecard visa. Is it possible for this blue card holder to ...
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2answers
51 views

Are directors employees of the company?

Directors tell the company what to do but most directors also get paid for their services. Does that make directors employees of the company?
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1answer
56 views

Cost of reallocation on changing employer

An employee joined a job 2 years ago. Initially, the employer paid him for re-allocation fees as stated in the contract. The contract also states that "Under our relocation policy, leavers with ...
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25 views

Does a remote internship need a visa?

I run a startup in the UK. I know someone from Brazil who wants to help out on our startup by offering some web developer time for free, remotely. Trying to keep things all above board and legal, I ...
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1answer
152 views

Confused about Intellectual Property Rights

I have applied for a job as a software developer in the UK and have been sent back a contract which has the following wordage: You agree that all rights to all material created in the course of your ...
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2answers
60 views

As a paid-hourly employee, am I subject to wages over the maximum hours set forth by a contract?

I work in MA. I am currently paid hourly. My current contract states Number of work hours per week: 40 hrs however, the employer and I have an understanding that I may work more hours. The employer ...
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1answer
68 views

Could signing an intellectual property agreement for an algorithm coding job prevent me from working in a similar industry later?

I am a computer coder / algorithm developer and am just getting started in industry where I know I'll have to deal with IP agreements. In particular, the question I'm asking here came about because I ...
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2answers
111 views

US Federal agency says a vaccine can be required. What does this mean?

The EEOC, the Equal Employment Opportunity Commission, a US Federal agency, is reported as saying that employers can require people to take vaccines. What does required mean? Can employers fire people ...
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2answers
120 views

Is this “Works for Hire” language enforceable?

I am reviewing a job offer that includes this Works for Hire clause: Works for Hire During the term of your employment, you may create an idea, process, trademark, invention, technology, program, ...
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1answer
47 views

Disclosure obligations to employers: UK full-time salaried employee intending to take up additional paid employment 20% with a non-competing business

I recently started working full-time (i.e. approx 37.5 to 40 hours/week) in the UK as a permanent employee of a UK-based private organisation, with monthly salary paid through BACS to my UK bank ...
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34 views

Does it violate HIPAA to ask if employees are vaccinated? [duplicate]

My new company requires their employees to wear a mask if they are not vaccinated from COVID-19. When I came in for my first day, earlier this week, I saw some people not wearing a mask, and I asked ...
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2answers
135 views

Can an employer monitor employees off-premises?

Can an employer monitor employees off-premises or during activities not in course of their employment? Can they fix what people can do in their day to day life and activities in any way? For example, ...
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2answers
131 views

Is it Illegal for me to refuse to hire a white child actor because the already selected parent is black and the child isn't adopted?

Title VII of the Civil Rights Act of 1964 reads: "It shall be an unlawful employment practice for an employer—(1) to fail or refuse to hire or to discharge any individual, or otherwise ...
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2answers
67 views

Can a bail enforcement agent be assigned as a bodyguard?

So I looked it up and google did a great job... of not answering my question. I am helping develop this game. It is going to be a very realistic game, however what I want to know is, can a bail ...
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1answer
96 views

Would she be entitled to welfare benefits?

Say an Irish national resides in another country (Denmark) and looks for work and cannot find work in her profession. But instead, she finds a part-time job that is poorly paid and she is only working ...
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3answers
167 views

Is pretending to be the owner of a bank account illegal?

I'm looking into a job, and I'm trying to figure out if there is a legal issue with it. The role is called "asset investigator." It entails confirming bank info on behalf of credit card ...
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2answers
108 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
156 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
157 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
124 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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5answers
8k views

Is it legal for employers to hire only native speakers?

I recently learned that there are some companies (for instance, certain editing, writing, or translation services) that explicitly refuse to hire non-native English speakers for certain positions a ...
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0answers
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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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4answers
1k views

Allowable Discrimination For Jobs

Just lately I realized that anti-discrimination/equal opportunity legislation only applies to proscribed categories of discrimination grounds, e.g. race, ethnicity, gender, orientation, age, etc. Up ...
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1answer
52 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
31 views

Consequences of violation of employment contract in India

What legal action can an employer take against the employee who used the company laptop to work on a freelancing project? Duration maybe max of 10 days. Possibility of allegation from employer is for ...
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1answer
169 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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6answers
14k 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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2answers
130 views

Is employer responsible to disclose workplace before hiring?

I was originally hired to do some in office computer work. During my interviews, I was on the premises 3 times. Employer showed me this “workplace”, my desk, etc. I worked there for about a month, ...
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3answers
78 views

Could it make sense to add a non-used reason for firing someone in court?

Lets imagine there is a person called George that works for the dutch government to secure their ICT systems. The government body he worked for was not a secret agency or something like that. This ...
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1answer
36 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
192 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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1answer
102 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 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
72 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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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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0answers
16 views

Can a civil action started under Ontario's Simplified Procedure be moved to Small Claims Court?

Under Ontario law, is it possible for a plaintiff bringing a wrongful dismissal civil action to change venues some time after pleadings have been filed, but before the action has been set down for ...
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2answers
167 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
223 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
137 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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35 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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1answer
125 views

How can my employer require me to work “bank” shifts [closed]

The NHS in the UK requires all of its medical staff to commit any hours available you have to do additional work to the NHS as a priority before taking on another role. Essentially this means that if ...
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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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3answers
119 views

Can a UK employer legally require someone to stay home if they pose a significant risk of harm to others?

I'm thinking of this in the context of the current debate about coronavirus vaccine certificates, but I think the question is wider and I don't want to limit it to just that. Suppose an existing long ...
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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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