Questions tagged [employment]

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

80 questions with no upvoted or accepted answers
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995 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. ...
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158 views

Quebec language law and “French First” requirement

Suppose I am developing an application for company A which will be used by A's employees worldwide. A has offices in Quebec, Canada. I am aware that local laws exist in Quebec which protect workers ...
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109 views

Workplace law for dismissals and probation extensions

I posted a large amount of background info here. In short: I began working for a company in the UK on the 1st June this year. My 3 month probation was extended by one month. The notice to extend ...
4
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1answer
216 views

How much privacy about my health am I giving up if I participate in my employer's wellness screening program?

My employer is having a "Wellness Screening Fair" where you can receive free testing for things like cholesterol and insulin, and I imagine advice about how to interpret the results. Sounds good.. But ...
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77 views

Is an employer rule mandating face coverings on their grounds enforceable even when employee is off work?

My employer (a private college in the US state of Maine) has a new rule mandating face coverings for employees, including in outdoor settings on their campus. The campus is open to the public to enjoy ...
3
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59 views

Must employer give 2 weeks work if work is shift work and employee gave notice

I work for a company that periodically asks employees what their availability is and assigns shifts based on that. The calendar with the shift information is about at it's end and a new one hasn't ...
3
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0answers
94 views

Is it legal for an employer to implant chips in the body of employees?

It is being reported in the media that employers in the UK are planning to microchip employees. Can such a procedure be legal? A qualified medical professional would only be allowed to perform the ...
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311 views

Can my employer expend more of my PTO than is necessary to meet 40 hours?

I am an exempt employee. A few weeks ago, I worked worked a lot of hours between Monday and Thursday due to a project deadline. I had already planned to take off the day on Friday and informed my ...
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48 views

Is someone employed by a Channel Islands based company covered by UK employment laws?

My wife is employed by a company based and registered in Guernsey. The company is also registered at Companies House (in the UK). I know generally the Channel Islands adopt UK laws, so is she covered ...
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278 views

Ship of Theseus paradox for developers

Suppose you are employed as a software developer. You work in a business where you code a lot of components. During this period, you also work as a freelancer to earn extra cash. These freelance ...
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328 views

What legal employment rights do people with an embarrassing past have?

A few years ago a school teacher in the US lost her job when it was discovered that she had previously performed in pornography. There was no suggestion that she was a poor teacher, it was simply the ...
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1k views

Is “giving notice” the same as “resigning”?

An employee gives two weeks notice to resign from his job. For example, on Monday, September 7th, the employee gives notice that he or she wishes to resign with the last day of work on Friday, ...
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363 views

Volunteer work while on F1 visa in the USA

Can an F1 international student in the United States who is employed 20 hours per week as a teaching assistant or research assistant perform some volunteering work that potentially grant him/her some ...
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1answer
214 views

Can typical US employers legally fire green card holders for refusing to apply for naturalization?

8 USC §1324b(a)(3)(B) makes it illegal for employers to discriminate against permanent residents, unless said permanent residents have failed to apply for naturalization within 6 months of becoming ...
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1answer
147 views

Employees Opting out of Website photos

Can a website photo be an "other assignee duty" for an employee? I have a vendor who is coming to take photos of us using their software, they will share their photos with us for our website as well. ...
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47 views

Evidentiary presumptions of gratuitous labor from family caregivers, varying by state?

Quoting from Claims Against an Estate for Care Rendered to a Decedent: Many states have an evidentiary rebuttable presumption that services rendered to a family member are gratuitous in nature, so ...
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56 views

When can employer change pay (increase or decrease)?

Question Can an employer decrease an employee's pay whenever they want (unless otherwise agreed to in a contract)? Out of curiosity can an employer increase pay at any time? Does it make a difference ...
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72 views

Is there a difference in “termination of employment” qualifying event trigger between group health insurance and 401(k)?

My job uses a Professional Employer Organization to handle payroll and benefits. This is a coemployment relationship, not temp/staffing, nor subcontract. The PEO is the issuer of my W-2 and listed ...
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106 views

(NC, USA) Employer promised in interview (and verified by email) that time off was paid. Now saying it isn't after I came back

This actually happened to my wife but she's under too much stress to deal with it and I'm not a citizen so I'm less sure what to do. Timeline: In October she did an interview, having already booked ...
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38 views

Is work done on paid time off “work for hire” in California?

I am curious about this, because my understanding was that unless my employment contract stated to the contrary, work done in my spare time without using company resources is not “work for hire” in ...
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225 views

Can I sue the company for providing misleading info and terminate the employment even when I didn't do anything wrong?

The company L was offering me a lower salary than my previous job. I negotiated and was ready to turn it down if they can't make the salary enough to make a true lateral move. Finally, after 3 rounds ...
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0answers
28 views

Drug-testing on background

What sort of circumstances would allow a company or lab to put a positive pre-employment drug test on your background or send it to a consumer report agency? I'm curious about the consequences of ...
2
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0answers
85 views

Can a Recruitment Officer be sued for working for another company of the same industry as his former one?

Setting: Republic of the Philippines (however, international views are also welcome). Let's consider my friend as an example, and let's refer to his former employer as "Old Company" and his new ...
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0answers
129 views

My pregnant wife is experiencing a lot of stress at work due to an incompetent manager. What are her rights?

My wife has had a new boss a few months back. He does not understand the role his team plays in the organisation. He has tried to force (he uses the word encourage) my wife to take up work that is ...
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0answers
322 views

Can Canadians who are professional actors come to the U.S. for pleasure (non-work)?

My friend is a Canadian actress (who I also represent) and she was just wondering if it's possible that she can come to the U.S. like any other Canadian might for "pleasure" or the usual 6-month stay ...
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38 views

US work authorization laws for non-resident aliens

Say I was offered a job by a US corporation, but I would remotely from a different country. Do I need some sort of work authorization or documentation before can I commence work? Will I be required to ...
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102 views

Does an employer have to compensate travel time to mandatory training in the UK?

If an employer in the UK makes an employee go to mandatory training, does the employer have to compensate the employee for the travel time?
2
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1answer
133 views

Travelling to off site client, how far is acceptable. Uk

My partner works at an audit company and sometimes has to travel to clients. These are usually near where she works and does not significantly increase her travel time. Occasionally they will find a ...
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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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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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56 views

UK - WFH from EU country

I have been wfh part-time and sharing childcare responsibilities since the beginning of lockdown. I am an EU citizen working in the UK and have asked my employer for the possibility to wfh from my ...
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36 views

Is it legally possible for a foreign PhD student in Sweden to start up a company beside his/her studies?

I'm a full-time PhD candidate in my 3rd year in Sweden with a doctoral residence permit. I have two solid start-up ideas, one is related to the topic of my PhD studies. Considering that I'm working as ...
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0answers
1k views

Implications of Failing N95 Fit Test During COVID-19 Pandemic?

I am a Registered Nurse and have documented evidence in my NY hospital that I failed the N95 fit test for years. What are my rights surrounding this and the COVID-19 epidemic? I have a NIOSH compliant ...
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60 views

Hired for something else been pushed to anything but doing that

I work in New Jersey. This company hired me to be a tool & Die apprentice. I am the only female tool and die maker. it is supposed to be an apprenticeship where I spent a little bit of time in the ...
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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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62 views

Legality of forced, set charitable giving as a condition of employment

Is it legal, in a right to work state, for an employer to force charitable giving as a condition of employment? There is no choice in the charity, it is a specific one selected by the company. The ...
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0answers
41 views

Can a non US citizen work remotely for a US company and be under their payroll?

Some context: I've been in the US for almost 5 years under a F1 visa. In the last year I've worked under OPT for a company in the US. I have a SSN but my card says "valid for work only with DHS ...
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0answers
53 views

How is the EEOC “four-fifths rule” discrimination rule applied when rates are small?

The U.S. Equal Employment and Opportunity Commission (EEOC) in their UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES specifies: A selection rate for any race, sex, or ethnic group which is less ...
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46 views

In NYS, can a medical marijuana patient be fired or denied a job for a positive drug test result for THC?

In New York State, do medical marijuana patients have legal protections when it come to THC showing up in a drug test? Assuming they are both living and working within the state. Additionally, do ...
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0answers
57 views

A company finds out that it has made a material decision based on incorrect personal data, what should it do?

A company terminates an employee based on what it believes to be a record of the actions of person gained from log files. Months later the company finds out that this information is not correct. ...
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0answers
139 views

Employer green card sponsorship after termination

This question is a follow-up of my previous question. So I've been told to leave the company yesterday. Now my question is regarding the Green Card application. So I've been sponsored for EB1-B ...
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0answers
61 views

Is it legal for a company to continue using my name and picture on their site, despite not being an employee anymore?

A few months ago I decided to leave a company whose CEO engaged in a lot of questionable practices. (1, 2) It has come to my attention that this CEO is using my name, title, picture and current ...
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0answers
148 views

Can an existing employer force use of personal vehicle?

If an employee refuses to use their own car for business purposes (although it was never mentioned before commencement of employment and is not mentioned in the employment contract), is it possible to ...
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0answers
52 views

Labour Law - Minimum notice period to prevent breach of contract scenario

James is hired by company X in South Africa. The first and second year's he is given a fixed term contract (Period 1 year each). The third year he is offered permanent employment and remains at ...
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536 views

Employer took bond and blank dated cheque. Is this legal in India?

Suppose someone in India accepts a job with a software company, selected from on-campus placement. The company did not disclose the agreement to be signed before the first day of employment, when ...
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0answers
22 views

exemptions of federal employment for Schedule A disabled applicants

If you are permanently disabled, and a job posting by the federal government (Army, Veterans Affairs, etc...) requires you to be a member (Army = registered with a recruiter prior to age 36; VA = ...
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112 views

What constitutes gross misconduct for teachers in the UK?

I recently heard of a story where an employee at a primary school in England was put on paid suspension. The reason given for this suspension was that she attended a peaceful demonstration against ...
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0answers
53 views

Equity compensation for a foreign worker

Can an employee working from India get equity compensation from the employer who is registered in the USA? The employee does not hold a work visa in the USA and the employer does not have a registered ...
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0answers
1k views

As a dependent of a G4 visa holder, can I work in the USA past the age of 23?

My mother works on an international organization and holds a G4 visa. I, as her son/dependent, received a G4 visa as well. Currently I have an Employment Authorization Card (EAC) which allows me to ...
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0answers
47 views

Notifying to leave a job during Christmas season in UK

I am working in one of UK companies as an employee. I have one and half week holiday during Christmas period, it includes bank holidays and my personal holidays. My notification period is one week as ...