Questions tagged [employment]

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

Filter by
Sorted by
Tagged with
217
votes
7answers
48k views

If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?

There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return ...
68
votes
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 ...
49
votes
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 ...
47
votes
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 ...
46
votes
3answers
15k views

Virginia employer terminated employee and wants signing bonus returned

A Virginia employee was terminated within 1 year of hiring because the on-site customer felt he was "too negative". Offer Letter: Along with this offer, you are receiving a $10,000.00 signing bonus, ...
42
votes
3answers
10k views

Is it breach of contract if dismissed before starting work?

I've been dismissed by a company I was due to start a job with, just a few days before the job was meant to start. They have no intention of providing me with any compensation despite the fact I ...
35
votes
1answer
7k views

Do I have legal rights against a company that offered me a raise to not leave, and then promptly fired me after turning down the other offer?

I was just informed of this situation that occurred somewhere by a co-worker, and was wondering what the legal ramifications are (U.S. Law). To be clear, the scenario is as follows: I tell my boss I'...
33
votes
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 ...
31
votes
3answers
11k views

Can pay be witheld for hours cleaning up after closing time?

The bar in California, where I work, closes at midnight. We start cleaning (bar, kitchen, bathrooms, dishes) before we close, but only if it's not too busy. Once midnight hits, it takes 30 minutes ...
29
votes
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 ...
29
votes
2answers
15k views

Are employers legally allowed to pay employees in goods and services equal to or greater than the minimum wage?

In the United States, full-time employees (not contractors) must be paid a minimum wage per hour. Assuming both parties agree to it, are they legally allowed to be paid in goods and services equal to ...
28
votes
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 ...
28
votes
2answers
7k views

Job interview adjustment request was ignored. Is this an act of discrimination?

Imaginary situation: a candidate arrives to a job interview for a position of software engineer. She had notified the HR manager that she has severe mobility problems and thus can't move around unless ...
25
votes
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), ...
25
votes
2answers
7k views

Can a university make rules about students' lives outside campus?

I recently noticed that my university has a Covid-related policy stating that students are not permitted to attend public gatherings off-campus. Today, they officially stated that students breaking ...
25
votes
1answer
6k views

Is it legal for an employer to charge an employee for lost equipment?

I work for a hospital in Alberta, Canada. As part of our job, we're required to use a walkie-talkie-like device called a Vocera Badge. Over the course of the last few years that we've been using them,...
23
votes
6answers
7k views

First amendment and employment: Can a police department terminate an officer for speech?

The following article from CNN describes a Michigan police officer being put on administrative leave for having KKK material at his home: https://www.cnn.com/2019/08/10/us/michigan-officer-placed-on-...
22
votes
1answer
7k views

What are the limits of religious freedom in the workplace?

Federally in the US, only race, sex, and religion are protected classes, i.e. it's illegal to make employment decisions (hiring/firing/salary/promotion/etc.) on the basis of a worker's race, sex, or ...
22
votes
1answer
9k views

Is lying to get “gardening leave” fraud?

A group of my friends was celebrating one of our group securing a new job, and he was complaining about having to continue working at his old job for his 3 month notice period, we started discussing ...
22
votes
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 ...
22
votes
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 ...
20
votes
4answers
9k views

Using private software at work

Lets assume there is a piece of software I would love to use while programming at work. My company will not buy it (or it will take months before it goes through bureaucratic wall). Can I purchase it ...
18
votes
5answers
12k views

Do Twitter disclaimers saying “opinions are my own” give any legal protection to the account owner?

A larger number of twitter accounts have a biography stating that tweets are their own opinion not that of their company. An example: Opinions are my own and not the views of my employer Does this ...
18
votes
2answers
5k views

Paying to leave without notice in at-will employment state

Checking up here on a question that appeared on workplace.stackexchange.com: Someone signed a contract saying "If you leave the assignment without giving 15 days prior notice you will be liable to pay ...
17
votes
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 ...
16
votes
3answers
4k views

Can employer legally stop paying time & 1/2 to exempt employee after stating in the offer that they would do so?

Late July I got a job as a computer programmer on a 6 month contract with the agency that recruited me (although I actually work for another company). The job is W-2, paid hourly, but as I'm a ...
15
votes
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 ...
15
votes
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 ...
13
votes
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,...
13
votes
2answers
20k views

The legal length of one month

Referring specifically to employment contracts in England, I've seen contracts that specify "one month of notice" to be given before termination of the contract. This does not specify whether this ...
12
votes
2answers
553 views

What legal standing do non-compete clauses have in employment contracts?

Almost every job I have ever held has a non-compete clause, lasting for up to a year after I leave a particular organisation, prohibiting me form delivering similar services on behalf of a competitor. ...
11
votes
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 ...
10
votes
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 ...
10
votes
3answers
2k views

What does this final section regarding the “termination of the binding provisions” in this contract mean?

A company recently offered me a great position as the head of their IT Security division. The job being offered is contingent upon my signature signing a lengthy employment, NDA, Noncompete, ...
9
votes
3answers
2k views

Will my employers contract hold up in court?

When I started a new job back in July of 2017, I signed a contract that had the following bindings or restrictions if I was ever to leave the company: Cannot work for a competitor within 25 miles of ...
9
votes
3answers
14k views

Can my manager make me do unpaid training like this?

Context: I work at a restaurant in the UK. I am new and haven't yet completed the online training Program's I have been asked to complete. It's pretty much a zero hour contract (I think it's 12 hours) ...
8
votes
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 ...
8
votes
2answers
409 views

Am I obligated to sign contracts and fill out paperwork post termination?

I was asked to resign from a startup then sometime down the line the company asked me sign the following documents Terms of Resignation Employee Invention Assignment and Confidentiality Agreement ...
8
votes
1answer
1k views

Employer refuses to release 401K

My wife has been employed at a Fortune 50 company for 10 years and was laid off in March 2017. When we asked about the 401K we were told that our address is not correct and the 401K plan manager ...
8
votes
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 ...
8
votes
1answer
2k views

Is my bond (employee contract) legal in India?

I live in India and I have signed a contract of one year with my employer. But now I want to leave my company. However when I sent my resignation email they told me to take legal actions on me. ...
8
votes
1answer
521 views

In the UK can a job search be limited to women only

As a spin off from this question on Academia.SE, under the Equality Act of 2010 can a UK employer limit a job to only women? That question has additional aspects that are not relevant to my question. ...
8
votes
1answer
514 views

Is stating preference for women or people of color on Twitter for a job listing discrimination?

Something I've seen become more common is for folks working at a company to promote a job listing on Twitter, etc. and to say something along the lines of "I'd love to see more women/people of ...
8
votes
1answer
5k views

Is a job offer letter sent and accepted by email, legally binding?

TL;DR: You could also jump to the last paragraph. I was interviewed and selected by a software startup in India. Saturday was not a working day for them, but yet their tech VP, product manager and ...
8
votes
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 ...
8
votes
1answer
313 views

Is “expiring” business software considered sabotage?

I developed a software system for my employer. Because this was outside my job description the owner agreed to pay me monthly to maintain the system. Because I knew the owner had a tendency not to ...
7
votes
2answers
12k views

Is it duress if you feel you are forced to sign a contract by an employer?

When I was promoted, I was given a significant sign-on bonus, but was made to sign a document that said if I left within 12 months, I would have to pay back the gross amount in around two weeks. I ...
7
votes
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 ...
7
votes
1answer
2k views

Do Sunday working hours count towards overtime?

Apologies if this should be in Workforce Exchange... I live and work in Massachusetts, US as a full-time, paid hourly, retail worker. I work Wednesday though Sunday. In Massachusetts, I am entitled ...
7
votes
3answers
874 views

How to legally contribute to open source projects (and other public stuff) in Germany?

Being a software developer it is very important to contribute to public projects and participate in public professional activities. This includes open source projects (which may belong to other ...

1
2 3 4 5
13