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
286 views

Company changes its legal name but not that on its staff handbook. Can I ignore the staff handbook?

In UK employment law, the staff handbook often forms part of the contract. I work for Company XYZ. This is clearly stated in my contract. The handbook is for Company ABC, which is my employer's old ...
2
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1answer
107 views

Is an attorney who hasn't agreed to represent me yet required to keep our discussions confidential?

I'm looking for an employment attorney and most seem to want the discuss the case, to see whether or not I have a case, before agreeing to represent me. Does this mean that any information I give them ...
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2answers
310 views

Does Title VII prevent employers from diversifying their workplace by refusing to hire people who aren't of a specific ethnic minority?

Can a private university announce that they are going to hire two new employees for a teaching department and require that they are of a certain ethnicity? I know of an educational institution that ...
2
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2answers
3k views

Is US Immigration policy's per-country quota cap for employment-based immigration illegal?

Although United States federal law has provisions against national origin discrimination, why does the immigration system still discriminate against people by national origin? Each country has a 7% ...
2
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2answers
114 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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2answers
97 views

Is it legal to instruct an employee not to put contract concerns in writing?

TL;DR My COO sent me a contract that would amend an existing employment term (salary). I raised concerns regarding the terms of the contact. COO explicitly told me you don't need to put it in writing....
2
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2answers
312 views

Am I legally responsible for being a developer of a code, if my customer uses it illegally?

I am from an Europe country, I work online and get orders on freelancer websites. Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 ...
2
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2answers
642 views

Is being terminated at the end of a shift/workday illegal?

I recall some time ago finding information that an employer firing an employee at the end of their workday was considered illegal. Discussing my recent termination with a friend, that was the first ...
2
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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 ...
2
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1answer
92 views

Employee intimidation

A relative of mine has worked at a small company for the past 10 years as a senior design engineer. The MD (and owner) of the company asked him to go and spend the day with another employee filling ...
2
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1answer
377 views

Is it legal to deny employee reimbursements for meat?

WeWork appears to have instituted a policy where they prohibit their budgets from being used for purchases of red meat, pork and poultry, citing sustainability. www.theguardian.com/environment/2018/...
2
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1answer
128 views

Will New York City's new law prohibiting questions about salary history protect residents who are applying for jobs outside the city?

As the title. I read through the law but I am not clear on whether it covers residents of the city, companies that employ workers in the city, members of either group, etc. That is, is it a limit ...
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1answer
1k views

Working after-hours and in weekends in Germany

I recently heard that in 2013, Germany banned out-of-hours working. This article says: Germany's employment ministry has banned its managers from calling or emailing staff out of hours except in ...
2
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1answer
161 views

Can an employee be effectivley fired by making their work really bad?

To my understanding An employer is allowed to reduce an employees wage without reason An employer can cancel or reschedule shifts without reason or send an employee home without pay Canada is not ...
2
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1answer
85 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 ...
2
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2answers
67 views

Government employer obligations for refusal to hire based on allegiations

The Kavanaugh hearings have brought up an interesting point. What are the legal obligations of a government employer, when it comes to handling allegations against a prospective employee? I would ...
2
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1answer
358 views

Can an employer force an employee to have a social media account and put their current employment information on the profile?

A person I know recently received some new rules from their employer regarding expected social media behavior, which they need to sign. Before signing, I started reading it, and the last point ...
2
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2answers
175 views

Is an employer liable for a hostile work environment caused by clients?

The setting: a group home for juvenile males. The situation: they are court ordered to be there. The problem: they verbally abuse staff on a daily basis, and in some instances, physically abuse ...
2
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1answer
329 views

Can I discriminate against someone I hire to (mow my lawn) (cut my hair) (fix my plumbing)?

If I can, what's the legal difference between a business that is forced to not discriminate when hiring someone and a person hiring somebody to perform a service for him?
2
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1answer
215 views

UK: Is it legal to present in court a document/evidence which you are not allowed to keep?

Imagine an employee whose contract requires to return all copies of employer's information back to employer once employment is over. But that employee is going to take the former employer into ...
2
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2answers
152 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 ...
2
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1answer
99 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 ...
2
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1answer
48 views

What is the extent of this “invention” clause in this contract?

OWNERSHIP OF WORK PRODUCT, IDEAS, INVENTIONS, DISCOVERIES AND TRADEMARKS I shall promptly disclose to (COMPANY) all ideas, inventions or discoveries, whether or not patentable, which I may conceive or ...
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2answers
215 views

What is the point of Devotion of All Working Time clauses?

In an employment contract I red: Devotion of All Working Time: During your employment, you shall devote the whole of your work time, attention and abilities to your duties and shall give the Company ...
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3answers
135 views

Does one-way written communication bear legal standing?

This question is based on this question over on Workplace SE. I am neither the OP of that question nor in any way related to the OP, I'm asking this question out of personal curiosity. In brief, the ...
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1answer
889 views

Is it legal for a an employer to require employees to undergo medical examinations

My contract has a clause The Company reserves the right to require you to undergo a medical examination at its request at any stage of absence due to sickness. The company will pay the cost of ...
2
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2answers
422 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 ...
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-...
2
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1answer
148 views

Do French labor laws allow for the firing of employees for scheduling disagreements?

I'm doing research on the effect of highly restrictive working conditions on poverty. More specifically, I'm investigating how a number of low-skill, shift-work jobs in the United States, like fast ...
2
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1answer
39 views

In Australia can you take Personal leave to look after a sick child or partner?

Under Australian employment law are you allowed to take personal leave to look after a sick child or partner? Is personal leave the correct category or does it depend on employment terms?
2
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1answer
528 views

Can a US employer hire someone as a salaried worker, require them to work long hours, and then fire?

I have a friend who began a job at a large firm as an auditor at the end of 2017. The nature of this work is that there are two seasons: a busy season (Q1 and part of Q2 of any given year) and a slow ...
2
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1answer
312 views

When can jobs discriminate against a protected class?

In Canada the Human Rights Act protects against discrimination relating to race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability ...
2
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1answer
154 views

Is there liability for accidental deaths of astronauts?

I read about the death of an astronaut in an exploding rocket; I don't know if it was recent or not. Would the developers of this shuttle have been subject to any legal action, or would it be ignored ...
2
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2answers
134 views

My past employer is talking openly to my boyfriend about my leaving the job

I walked out on my position as a medical assistant. My boyfriend is still a patient there, and during his last apointment, the doctor openly talked about how wrong I was to walk out on my job. Does he ...
2
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1answer
148 views

Legal to dock pay for (alleged) damage to merchandise?

I got a temp job to make some money. I quit, as they were docking my pay so much that I made no money. I can't imagine this is legal. First, the backstory. This Virginia toy reseller purchased 20,...
2
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2answers
292 views

Can an employer pay for my education with pre-tax earnings?

Since scholarships are not taxed by the government, can I request my employer to "pay" (compensate) me in scholarships, so that I do have taxes withheld or due on those wages that are going towards my ...
2
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2answers
95 views

Can one publish an assignment completed during a hiring process?

Say a company gives a week long assignment during the hiring process of a Software Engineer role and ask for the project´s codebase to remain private. Can they morally and legally ask to keep that ...
2
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1answer
64 views

Does “so as to” limit the application of a permission, or define it as a possible use case

I have been asked to sign an employment agreement which includes The Employee irrevocably appoints the Employer as the Employee’s lawful and authorised attorney to sign a document or do any thing ...
2
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1answer
42 views

Is it standard to have “subsequent employment” clause when signing a NDA/IAA for a freelance project? And is it enforceable in New York?

I am considering doing a freelance project but the prospective client want me to sign a IAA which has a clause that reads: "Subsequent Employment. In consideration of the Company's promises ...
2
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1answer
191 views

HR is suddenly changing their opinion. Can this be considered an act of discrimination?

I had an email conversation with a HR considering an upcoming job interview that I was supposed to be scheduled for. In my last email I mentioned that I have a neurological condition that requires ...
2
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1answer
170 views

Job interview according to the laws of Washington State, USA

According to the laws of Washington State, USA; 1) Is it legal for a person to be asked their preferred pronouns during an candidate job interview? 2) Is it legal for a company to ask anything that ...
2
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1answer
112 views

How do I prove unauthorized use of my signature?

I was recently terminated for allegedly violating the company attendance policy (claiming I did not contact my manager at least 30 minutes prior to start of my shift, which is a false accusation, but ...
2
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1answer
63 views

Paid Family Leave in New York State

If I take FMLA and use sick time and vacation time during my leave, would I still be able to receive any monies from NYS thru its Paid Family Leave? Or since I am being paid, I would not be eligible ...
2
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1answer
45 views

Working online from abroad in a USA organization

Which states in USA have legislations that allow organizations in that state to recruit people living abroad (they are hence not authorized to work in USA) to work online for that organization? Or, ...
2
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1answer
84 views

I am being threatened by a former employer [closed]

I live in Florida and recently have been told my former employer is threatening to sue me and 2 other former employees. He said he is going to sue us for defamation/liable/slander, he gained access to ...
2
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2answers
169 views

Does parental leave count towards extinguishing a debt to the employer?

My partner has recently been on a training course (paid for by the company, a substantial amount of money) with the caveat that she'll have to repay it (entirely or just part of it) if she leaves the ...
2
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1answer
82 views

questions about COBRA

I worked for a small business for 2.5 years. I recently resigned and put in my two weeks. I was told to clean out my desk and leave immediately. The business is in Michigan, USA and employs 7 people. ...
2
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1answer
176 views

Is it possible to discriminate in hiring if you never advertise?

Small businesses often just hire people they know and trust, which just seems like sensible risk mitigation. But what about if the business keeps growing this way (above "small business" thresholds)?...
2
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3answers
347 views

Is it ever illegal to quit a job without warning?

I know 2 weeks notice is customary but not required by law when quitting a job. Is it ever illegal not to give notice? For example could a surgeon quit just before he was supposed to do surgery, or a ...
2
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1answer
99 views

Employment (Colorado) hourly random scheduling

My employer likes to randomly change my schedule and only passively notify me on a secured website that im supposed to check 10x a day. Is this legal? Then of course i get a write up for missing a ...

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