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For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
2
votes
Work-for-hire unpaid: who owns the IP?
common-law
The essence of a contract is that the parties must fulfill their obligations. There is no doctrine that allows one party to breach the contract just because the other has breached it.
So, i …
1
vote
Reasonableness of Drug Testing
As far as the person is concerned, he/she would have agreed to the condition of employment that if drugs are detected in their body — regardless of when they were actually consumed — they are fired. …
1
vote
Accepted
Can a US company ask prospective American employees, contractors or partners about their cou...
First of all, let's make the scope clear: this matter concerns just bare contractual relationship as opposed to employment. Amazon sellers are no employees of Amazon. They are clients. …
3
votes
Accepted
Can an employer require employees to be COVID-19 tested at their own expense?
In case of at-will employment — where the employer can fire an employee for any or no reason (other than that being discrimination of a member of the protected groups) — it would be perfectly legal for … But that aside, no (unless such testing was a term of the employment agreement, be it written or verbal). …
2
votes
Can an employer apply one-off pay cuts via forced contributions?
When you accept a job offer, it comes with certain terms. Even if there is no written agreement, certain terms are explicitly talked about, such as what and when you do, and how much you get paid for …
0
votes
How to Handle Employer Breaching Employment Contract
HR recently sent an email that for 6 weeks everyone will be taking a temporary pay cut
Sounds like the pay cut takes effect immediately. This is crucial to the question on whether silence constit …
0
votes
Is there any US labor law which needs to be heeded by call centers staffed exclusively abroad?
The person who speaks to me on the phone, while I am in the US, is effectively conducting operations on the US soil.
One could see where this reasoning might come from. When you call a business o …
-1
votes
Legally, in the U.S. (NY, NJ, FLA), what determines the difference between a THREAT and NEGO...
Simply put, if you say "Give me this amount of money, or I will sue you", the opposing lawyer could successfully claim that is extortion and/or blackmail.
But if you prepare your Statement of Claim r …
38
votes
If a company agrees to pay travel cost for a job interview, is the promise binding and enfor...
Yes the promise is binding and enforceable because of the reasons you mentioned (your consideration is making yourself available at the company's premises, and, should that not be convincing enough, d …
2
votes
Can my work force me to pay for their compulsory in-house training?
My contract with work states if I leave within 18 months I must pay for the mandatory training they sent me on of £1800
This information alone is sufficient to give the yes answer.
The contract …
3
votes
Is it possible to discriminate in hiring if you never advertise?
The relevant bit of legislation — Human Rights Act 1993 s22 — protects applicants and employees:
Where an applicant for employment or an employee is qualified for work
of any description, it shall … So, if you never advertise but always invite people (i.e. offer them job straight away) then there are no applicants (as at no point does anybody apply for the job), and hence no employment discrimination …
18
votes
What does this final section regarding the "termination of the binding provisions" in this c...
Termination. The binding provisions may be terminated by mutual
written consent of the parties; Provided, however, that the
termination of the Binding Provisions shall not affect the liability
…
0
votes
Employer Requires Employees to pay Cash Gift to Owners
So, your question essentially boils down to this: does your employment agreement requires you to pay for their gifts? … So, it is always up to specific circumstances of your employment and your own judgment whether to question those opportunistic Christmas endeavors of your employer (and be prepared to be frowned upon or …
2
votes
Accepted
Who owns the intellectual property that I complete outside of work?
Surely you can have your own time and enjoy the products of your effort not related to your employment. …
2
votes
Employer forcing everyone to sign new contract which significantly affects working hours
Forcing (as opposed to offering) anybody to sign a contract/agreement (or an update to existing one) is never legal in the context of Common Law and any legislation derived from it (which is certainly …