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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1answer
82 views

Concealing Medical Conditions from Employer

If an employer asks an employee or prospective employee to fill out and sign a health declaration form (very common in the medical field) like this. If the employee is afraid that revealing their ...
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2answers
146 views

Contract requiring the signing of a statement that may not be true when signed

I found an employment contract, in which the employee promises, upon termination of employment, to sign a "Termination Certification" and present it to the employer. The text of the certification is ...
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1answer
321 views

Is it legal to discriminate due to the medicine used to treat a medical condition?

I will present two different scenarios. Lets say Bob has PTSD from his time in the military. He wants to become an FBI agent. Here are the following requirements from the FBI to qualify; - Must be a ...
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3answers
1k views

Can a company instruct employees to not call police?

As a manager, I received this email from my store manager that came from the district manager. Team, you cannot call the police without my approval, if I am not available it would fall to (Blank) or ...
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2answers
388 views

Prohibition of pledges and assignments

In lay-mans terms, what does a clause in a contract mean when it says: The employee is generally prohibited from assigning or pledging salary requested to third parties. The employer shall charge a ...
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1answer
72 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 ...
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2answers
893 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 ...
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1answer
111 views

I want to terminate my contract as an independent contractor [closed]

I'm in the US, California, and I entered into an independent contractor agreement while I was in college with this rich kid (trust fund kid) who was paying a low wage for my background to have me ...
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2answers
87 views

Meaning of “restraint of trade” contract terms?

In a consulting contract is a section on "Restraint of Trade." I've included the entire section for reference but the parts I don't understand are in bold. 12 RESTRAINT OF TRADE 12.1 ...
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2answers
433 views

UK - Do I accrue holiday when on paid leave?

I recently received a letter from my employer's HR department telling me that they've given me too much paid leave and they would like the additional money back, however, we are disputing the actual ...
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1answer
97 views

Is 'reading down' clause optional?

Specifically with regard to a UK/England employment contract. I am used to seeing clauses in contracts which state crudely that if one clause is found unreasonable, that clause alone will be struck ...
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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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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, ...
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1answer
179 views

How can I sue an empolyer for immigration status discrimination?

My situation is as follows: I interviewed with a prestigious financial service company in downtown NYC. A few days after my onsite, the head recruiter gave me a call saying "Congrats!" they would ...
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2answers
121 views

Is there anything illegal (U.S.) about sending clients something factual about former employer?

I have posted a bunch of other questions on here regarding my situation with an ex-employer/friend who owes me pay ($100K+) for my work on deals that have closed, meaning he has the money in-hand. He ...
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2answers
175 views

Is it legal to invite applicants to interview on the basis of sex?

A company advertises positions and receives far more applications from members of one sex than from the other. The company wants to interview the same number of people from each sex. It chooses the ...
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1answer
115 views

Can I sue an employer for not providing the active employment I was promised?

I've been in mediations with Alorica, a call center here in my city, for some time now. I was offered employment on two campaigns, one of which was a week long, and I accepted those offers. My ...
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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 ...
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1answer
49 views

Can a month be considered four weeks of work in employment case

If I worked for a month I am entitled to 7 days pay in lieu of notice. I worked from 10 Dec 2018 to 4 Jan 2019 four weeks. Is there a case law example where four weeks is considered a month?
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1answer
185 views

Is it legal for employers to ask for social media handles?

is it legal for employers to ask for social media handles in job application or pre-employment forms? If it is unrelated to the job? I understand for jobs like marketing, modeling etc. where a large ...
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1answer
88 views

How startups are able not to pay minimum salaries to their employees?

Is it legal not to pay employees a salary (even not a minimum) and only incentivise them with an equity reward? Do I, as the owner of the company, have to pay a salary for myself?
2
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1answer
94 views

Can a former employer (U.S.) use/withhold owed commissions as leverage?

I am in "negotiations" with a former employer. There are written (text message: "You will be paid on X and Y when/if they close) agreements in place for 2 of my deals. One just closed, the other in-...
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1answer
181 views

Recovery for loss of employee: Actio per quod servitium amisit?

I have a course question that involves an employer whose employee is injured by a third person. Knowing that some businesses can suffer great losses with the injury or death of an employee, I Google ...
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2answers
141 views

Is employer liable for theft of personal property

If I bring say my headphones to my work, and they are stolen under the following circumstances, can I legally sue my employer and prevail, i.e. they have a duty to provide reasonable safety and ...
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2answers
199 views

How hard is it to sue and win an employer wrongful termination or other suit

A person was hired for computer programming work. He was hired on salary. It was expected to be a full-time, 40 hours per week thing. The company has traditionally, when asking people to work a ...
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0answers
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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3answers
154 views

Verbal confirmation of contract extension but fell through?

I have been working as an apprentice in a workplace for 1.5 years now in the UK. I was told verbally that I'd be kept on for the next level alongside another apprentice. Shortly after this a message ...
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2answers
4k views

Am I owed this profit-sharing benefit after quitting?

This is in California. I quit a job over a year ago and finally, just recently, got the last profit-sharing benefit. But when I saw the amount, it looks like I got 3-5% of my wages for the eligible ...
217
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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 ...
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3answers
397 views

Does a non-competition clause bond me to a minimum term of employment?

I am an IT instructor in a private educational institution in British Columbia, Canada. They gave me a agreement which includes a section “non-competition clause” with these lines: He or she agrees ...
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2answers
102 views

Legally withold payment for services rendered beyond a weekly limit? - Canada

If a contract specifies that work be rendered for services between 8 and 16 hours per week, and the month averages to 16 hours per week but certain weeks are in excess of 16 hours, is it legal to ...
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2answers
42 views

License to grant intellectual property of paper created in a company [closed]

Is there a license -Open Source license, maybe- which grants the intellectual property on a paper (how-to guide, for example) I have created in a company, even if I work for it? I would like to make ...
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0answers
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 ...
2
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1answer
71 views

Can my employer deduct my holiday bonus from my check if I quit right away after receiving the bonus? [closed]

I received a bonus in a xmas card from my employer. I also quit that day. When I received my last paycheck, the bonus was deducted as a "gift deduction". Is this legal? It was not a loan or anything ...
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2answers
108 views

Difference in severance package between 2 employees within a one month span

In my ex-company, there were 2 layoffs with in a span of 1 month. In the 1st layoff, the severance pay package was better than 2nd layoff. Will the employees affected in the 2nd round have any ...
3
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1answer
507 views

Can my employer hold my 401k funds and not allow me to continue to contribute? [closed]

My employer stopped taking my my 401k contributions after 12 years of my participation. They said since I am a union member I was never really eligible. However they won't release my funds so that I ...
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1answer
56 views

Can a Non-EU citizen who worked in a EU country with specific work permit have the right to apply to ECHR for workplace discrimination?

I am a citizen of Turkey, not of the EU. I worked in Ireland with a Critical Skills Employment Permit. I sued my employer for Workplace Discrimination. I decided that the case was not dealt with ...
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4answers
678 views

Is this Intellectual Property clause over-reaching?

Here's an extract from my (employee) contract All rights to any material and results, and all intellectual property rights related thereto, made, written, designed or produced by Nathan Cooper ...
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1answer
295 views

Can an employer steal intellectual property?

Say someone wrote some software PRIOR to employment at the company where they currently work. They presented it to a CEO and three other high level employees of the company. They expressed, what the ...
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2answers
73 views

Where could I find interest accrual rates for wage garnishments?

I am in the process of filing for a wage garnishment again a previous employer and one of the forms as asking me to supply the interest rate that the outstanding balance will be increased by if not ...
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1answer
350 views

Can someone be fired for working less than 42.5 hours

In Colorado is it legal to fire an employee only on the basis that they have put in fewer than 42.5 hours weekly?
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2answers
392 views

Can I take an employer to court for false promise? He promise me a temporal job for 2 months and din't fulfill that promises? [closed]

Can I sue a person for don't fulfill his promise? Sorry for the long story. We are "friends" from long time ago maybe from 2010. He started his own small business 4 or 5 years ago and sometimes asked ...
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2answers
121 views

Legality of employment contract clause - Training reimbursement

I have a German employment contract which stipulates that if I was to leave the company before a certain time, I would have to pay back (some of) the cost of training to the employer. In this case, ...
20
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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 ...
1
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1answer
152 views

What questions can be asked in interview? Can questions that can be used to illegally discriminate be asked?

I'm part of a group that gets job openings for short term contract gigs, often done in retail environments. During the interviews or online application process, a lot of companies ask for rather off ...
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1answer
357 views

Mandatory Lunch in UK - Really?

My employer has recently said that I MUST take lunch, at 30 minutes minimum. Is there anything I can do to fight this without losing my job? They cite "burnout" as the reason. I smoke (please avoid ...
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1answer
208 views

Claim for unpaid wages in NY

I was working as a Software Engineer (Contractor) employed by a contracting company "A" located in California but working for the client company "B" in New York state. The issue is that I didn't get ...
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2answers
273 views

Puzzle - different middle names, What is my legal name for employment in the U.S.?

I am a US citizen. My birth certificate and passport have always had different spellings of my middle name. Same name, but with slightly different spellings. In previous jobs in the U.S. I have used ...
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 ...
0
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1answer
532 views

What are “non-union states”?

I'm watching a lecture by Robert B Reich. He's talking about a hypothetical case in which Bob, a CEO of some corporation, wants to "move the US plant to a non-union state" to reduce wages. I ...

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