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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Can a government lawyer's duty of loyalty be ended in Canada?
I assume the following:
A lawyer employed by the Government of Canada (GC) has an attorney-client relationship with GC.
The "attorney" is the lawyer, the "client" is "...
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57
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Understanding if layoff was discriminatory or not? [closed]
I was recently laid off from my company. HR provided org. reorganization as the reason for termination and confirmed that it is not performance based but I believe they selected me because I took ...
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Are anti-piercing (like a nose ring) rules by employer sueable?
I suppose employers can enforce dress codes, but they also can't obviously discriminate against people who have piercings or tattoos. So, what's the line here? If an employer requests an employee to ...
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How to determine the value of a restraint of trade? [migrated]
I'm considering a sole trader employment contract that has a 6 month restraint of trade after termination clause against soliciting "any business from any client or actively sought prospective ...
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2
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Why are Hollywood studios permitted to collectively bargain with employees, and what are the limits of this apparent antitrust exemption?
Employers are generally not allowed to coordinate in any way which limits the normal competition for employees. Further, trade associations are not generally permitted to act in ways which would ...
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Can a truck driving company (USA) use an outward facing camera as an inward facing (in-cab) camera without driver's consent/knowledge?
Trucking company has outward facing cameras which drivers are aware of. However, no official company (written) policy was provided about the outward facing cameras recordings, usage, or storage. Now? ...
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If one loses their job while outside the US, is their worker visa immediately revoked?
Suppose a foreign citizen was working in the US on a non-immigrant worker visa. While they were enjoying their summer break outside the US, they receive an email noting that he had just been ...
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2
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Question Concerning Responding to Employer of Minor Daughter Paid Under Minimum Wage [closed]
My high school daughter worked for about a year for an employer who owns a tutoring company in our town. Due to friction between my daughter and the employer, my daughter recently quit but she ...
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Can companies use code that I wrote during a coding interview in their products?
Suppose a company's programmers are struggling to code a portion of a complex program. HR orders the questions of an upcoming interview to be replaced with that of the unfinished complex program. It ...
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Can I opt out of UK Working Time Regulations daily breaks?
The Working Time Regulations 1998, PART II, Regulation 10 says
Daily rest
10.—(1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during ...
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Tuition Reimbursement - No signed Clawback Policy
I have worked for my current employer for 18 months and have been in grad school the entire time. I read the Employee Handbook the first day and honestly do not remember if or what was included in the ...
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What is the legal age of retirement in IT companies in India
I am aware that retirement age for government employees in India is 58.
But what is the legal retirement age in IT/Software companies in India?
If someone wants to work till 70 ( assume he is fit &...
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Unwanted TUPE Transfer
Suppose that Law Firm A has a team of solicitors dedicated to Client X. Client X decides to procure from Law Firm B instead, and there is a service provision change under TUPE. The team of solicitors ...
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What laws define resident and employee rights and protections on federal land, esp. administered by the National Park Service?
How do you look up which laws apply to people who live, work, operate businesses, etc., on a particular parcel of U.S. federal land, especially on land administered by the National Park Service?
How ...
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Does running your own limited liability company constitute employment? [closed]
What exactly is "employment"? Does running my own limited liability company (GmbH or similar) constitute "employment"?
I am asking this because my (Swiss) employment contract (...
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Is my employer allowed to make me work without pay?
As the title says: A coworker and I had recently made a mistake at work. In response to this, our manager decides we have to work for two extra hours on our next shifts unpaid. Is this legal?
I work ...
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can i write in my portfolio about a critical security bug in my last job? [closed]
I want to write about how i found a critical security bug when i was working at a company. Am going to stop working there in about a month and was just updating my portfolio with the things i did ...
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Is it legal for employers to charge for training if you leave too soon?
Apparently, some employers are requiring new employees to sign a contract that says, “We will provide training. You must work here for at least N months. If you leave before that, you will have to pay ...
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What rights does a German works council have with respect to a longterm unfilled position?
Situation, a department head left the company. The company is looking for a replacement by advertising the position and hiring a head hunter. Unfortunately this didn't work out (so far) and the ...
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1
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Contract work - is signing an offer before seeing the contract binding?
I'm new to working as a contractor, and have just been offered a contract-to-hire position through a contracting company for a specific client. Notably, I have not seen the actual contract I would be ...
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Can you be fired for refusing to lie?
If your employer asks you to lie about something, and telling the lie is legal, but you refuse on moral grounds, can they fire you? Does it matter if religious beliefs are involved? (For example, if a ...
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In the US, why are companies giving big "let go" package to people they want to let go?
It is shown in movies and is probably true, such as in the movie Jobs about Steve Jobs, that when he came back to Apple as the CEO, he found out who was not productive or who were probably not inline ...
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Deduction of relocation payment from last paycheck of terminated employee [duplicate]
Can an employer deduct the payment of relocation expenses from the last paycheck of a terminated employee in Illinois?
Assume the employee is being terminated before the time period specified in the ...
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As an employee who is paid hourly, how much should be paid to pick up a common supply a any store anytime before shifts?
An employee works at a banquet hall or something similar. Often he is told to pick up ice from a store before work and bring it. He is reimbursed for the ice but not compensated for his time. ...
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When are companies allowed to discriminate based on age, sex, race, religion, sexuality, etc.? [duplicate]
I'm pretty sure that, at least in California, there are anti-discrimination laws in place, and you can't just not hire someone because they belong to X protected class.
But on the other hand, there ...
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difference between work and contractual obligations
In an employment contract, what is the difference between "the course of work" and "performance of contractual obligations"?
For example, in the Swiss Code of Obligations:
Art. ...
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2
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What are the requirements for the Catholic Church to file an EEO-1 report?
Is there a requirement for the Catholic Church to file an EEO-1 Report?
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Can an employee use an employer's market research subscription to conduct due diligence for IP?
If an employee uses "company resources" to develop IP, then the employer owns said IP. However, what is the scope of "company resources" and "development"? Hypothetically,...
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2
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Subsequent violation for late paychecks in California
Due to a paperwork error, a California employer stops issuing paychecks, and this isn't observed for five months (while the employee's work proceeds). At the time the employee informs the employer of ...
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3
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Religion is a "protected class" in California. Does that extend to things like homophobia/transphobia due to religion?
In California, I'm pretty sure employers aren't allowed to discriminate based on religion (e.g. you can't not hire someone just because they're Jewish). In other words, religion is a "protected ...
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In Ratatouille, did Linguini have a legally legitimate reason to fire Skinner?
In Ratatouille, when Linguini took over Gusteau's by proving he inherited the restaurant, Skinner seemingly lost his job. Was there legal precedent for Skinner to lose his job; would Skinner hiding ...
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Fired (seemingly) for finding paycheck inconsistencies. What kind of legal recourse might exist?
Not me, but a friend.
They found some paycheck inconsistencies for them and a bunch of other employees, and asked about it. The response from management was "oh, oops. We'll fix it"
A few ...
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In California, do people still get benefits if they got terminated earlier than the date that they gave?
For example, Sam gives notice to his boss, saying that he is moving out California soon, so Sam decided not to come to work after 2 weeks. After that notice, his boss started finding people fit Sam's ...
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Is it safe to talk about ideas that I have not patented yet over public email?
I have an idea with which I may someday make a startup. I can talk about it with experienced people, over public emails for example. However, I wonder if from patent point of view this is safe. My ...
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Can an employee sue their employer for retaliation in the United States even if the employee didn't report the discrimination to their employer first?
Suppose an employee, Jane, works for a company in the United States and experiences discrimination or harassment from a supervisor or coworker. Jane is afraid to report the behavior to her employer ...
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UK - Can a company ask employees to attend meetings on their own personal time, during normal work hours?
The meetings are training sessions for software that we use in our day to day, discussions about best practices, talking about learnings from a project etc. So not directly chargeable to a customer.
...
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What is the legal definition of a day of pay for someone on an annual salary?
Background:
A friend of mine was recently let go from a job. They negotiated for their notice period plus 8 day's pay (the 8 day's pay was called a 'termination award' in the payslip). The job was 5 ...
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How are multiple and/or clauses in contracts interpreted?
If a contract includes multiple and/or statements, how are these generally interpreted?
For example when defining the competing fields in a hypothetical non-compete clause as
in the field of ...
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Can Iranians get a visa to work in the US?
I have seen this and this discussing similar topics, but my question is a little bit different: Can Iranians get a visa (probably H1B) to work in a company (e.g., Google or Amazon) in the US? I think ...
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Is an employer required to provide full time sign interpreters to mute employees?
I visited a retailer and went through the self checkout till where I was assisted by a mute employee, who communicated with me through a sign interpreter whose job seemed to be to shadow and ...
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Leave provisions for part-time employees in Australia
What is the basis for the Fair Work Ombudsman's assertions that both:
part-time employees entitlement to leave is pro-rata, according to total hours of service as compared to full-time employees, and,...
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Can a company own intellectual property created off the clock?
In an employment agreement, can a company claim intellectual property created off the clock unrelated to your their core business?
Specifically if their core business is in a narrow domain of software,...
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Can a contract clause really stop me from developing something in my own time [duplicate]
My contract states the below:
I assume this means, even things i make in my personal time would belong to the company?
I wonder how enforceable that really is as that would suggest that they would be ...
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Can salaried employees be forced to attend meetings without being able to charge the time?
Background: I work in Maryland
I am a salaried employee; however, I am required to fill out a time card in order to specify which hours are worked on which contract, and am required to work a minimum ...
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Work time when unable to work due to power outage (germany)
I'm working in an office space where I don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers).
We had a power outage due to a ...
user48892
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Is a US company obligated to lay off visa holders first over citizens?
With the current big tech firing frenzy I'd like to know if a US company must prefer the US citizens over working visa holders during mass lay offs?
Let's say if there are 2 software developers but ...
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Is there a general definition for "with good manners"?
Is there a general definition for "with good manners"?
Like it's used e.g. in relation to termination of employment relationship.
The Finnish employment law for example states that ...
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If the employer tells me via text message that I will be paid 2 weeks of severance, how much obligation is he under to fulfill that statement?
If an employer promised me in informal writing (text message) that I was owed 2 weeks of severance pay and then fails to pay me or present me with any formal contract, is he under any form of legal ...
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Can a person work for free in a country with a minimum hour rate?
In some countries there is a minimum hourly rate for an employee, given by law.
In a hypothetical scenario, Mr. David intends to work for a company for free for a certain amount of time, either to get ...
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What does leaving a company imply in legal speak? Does it mean termination or quitting a company?
I specifically refer to this example:
You will receive a $***** relocation bonus. In the event that you
leave within 12 months of your hire date, you will be
responsible for reimbursing the company ...
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