166

You don't have enough information. What you have is a feeling. And feelings are a lousy reason to engage in a legal action. Now, you have a very strong feeling, and that makes it seem to you like the strength of the feeling alters the above advice. Yes, it does. Very strong feelings are an exceptionally terrible reason to engage in a legal action! I ...


80

Higher education degrees are not federally regulated, and are only weakly regulated at the state level, so if a person has a degree from an institution which is not accredited by a recognized accreditation organization there is no violation of the law and no misrepresentation. States may impose restrictions on institutions that operate within their borders, ...


34

You probably can't refuse to use such services. The relationship between you and these services is very different when you interact with them as a consumer, versus when these services are provided on behalf of your employer. In the latter case, the service is (or at least should be) bound as a data processor who can only* use your personal data as instructed ...


29

Let me describe example situation: She went to the store and picked up some merchandise She walked to the checkout and produced a Monopoly banknote The clerk gladly accepted the Monopoly money and gave out change in real $$ Now, who's at fault here? Who's is deceiving who? Who's getting fooled? Clearly, the clerk is at fault. It's literally his job to ...


27

Invest in the employee and get them properly qualified If you have someone that is already functioning well on the job, doing their tasks as specified by the contract, and the only thing missing is a qualification... then get them qualified! The time, effort and money it will take to get someone new into that same position and up to speed will most likely ...


27

Can I terminate an employee for qualifying for a job through a “degree mill?” Yes, you can. Do outsiders (myself, the employee, or a court) have to accept your explanation of your reason? No, absolutely not. The employee might allege that the real reason for the termination is membership in a protected class and a court might believe them I am curious ...


21

Your employer should have a Data Protection Officer. The first step when you have data privacy concerns at the workplace should be to talk to the DPO. An institution using software as a service by Microsoft, Google etc. will usually have a contract with the provider. This contract differs from the contract you have e.g. with Stackexchange, where you sign ...


16

Can an employer be required to provide an escort from office to vehicle? No, at least, not on the theory articulated in the question. I can imagine some circumstances where it is conceivable that there might be a duty arising from some other source, like an OSHA regulation applied to a firing range business, or an express contract with the employee (...


13

At the end of the day, you employ people for their competencies, attitudes and what they add to the business. It doesn't sound like she is lacking in any of those areas, because nothing has turned up in previous performance reviews. She is "known-good". It doesn't sound like she was dishonest - she was asked what educational record she had, she replied ...


11

This potentially (i.e. almost certainly) runs afoul of laws against religious discrimination. However, you can have such a requirement provided you make an accommodation for those with sincerely held religious beliefs or practices against bacon-eating. You can also have such a requirement (despite the beliefs) if not having the requirement imposes an undue ...


7

Presuming that you're an employer in the US, by default you can fire any employee for any reason (short of discriminatory reasons such as race, sex, disability, etc) and at any time (see at-will employment). The only thing that could stop you is the contract you've signed with said employee and it then becomes an issue of talking to a lawyer to figure out ...


7

We cannot fire her because of misconduct because she has not made any false claim. She claimed to have this qualification (the document) and she legally has. It was our responsibility to check the validity/quality of the qualification. This only applies if the employee is not an employee at will. This could be the case, in academia, for a professor or ...


6

Unless your contract, whether individual or collective, has a clause requiring this compensation you are out of luck. Sometimes one of the “benefits” for a company’s move is to leave behind workers who are not 100% committed to the company in that they would not move or commute a long way to keep their job. 30 miles isn’t very unusual where I live. In the ...


6

In the absence of a contractual agreement saying otherwise, the lawsuit would probably just be subject to normal rules of tort liability. In that case, the contractor would probably lose his case unless he could prove that the one worker infected another through an act of negligence or could otherwise prove that the infected worker knew he was infected and ...


5

Not very nice of the employer, actually quite cowardly. Being not nice and cowardly is not against the law. Being in the EU, and having been employed for ten years, the company will have duties to find a different position in the company at the same pay, and only when that fails, the employee can be laid off and will have a reasonable amount of notice, ...


5

Is this something that an employer can just do? That is very unlikely, although strictly speaking there is not enough information to answer either yes or no. Section 2810.5(a)(1)(C) of the California Labor Code provides that "[a]t the time of hiring, an employer shall provide to each employee a written notice [...] containing the following information: [......


4

This practice is known as "rescission". It is legal under 45 CFR §147.128 in some circumstances. The regulation says (a) A group health plan, or a health insurance issuer offering group or individual health insurance coverage, must not rescind coverage under the plan, or under the policy, certificate, or contract of insurance, with respect to an ...


4

Yes, the employee can choose not to accept the contract offered at the end of the probationary period and thereby allow the probationary period to end without accepting a long-term position. This is usually called "quitting".


4

Yes, you can sue for wage theft, and assuming the facts are as in the question, should have a good case. You will definitely need a lawyer, and I cannot recommend one, nor should anyone on this site. This page from the NY State bar association offers a referral service. This page from lawhelpny.org offers referrals to both free and paid services. this page ...


4

The employer might be liable for a discrimination claim, under the doctrine of disparate impact. See Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc and references cited therein. The idea is that an employer can be liable absent proof of intentional discrimination when a practice disproportionately affects ...


3

Yes, there is legal precedent against this that would only apply to a government employee. First, let's discuss the private sector. In this case, you are a private employee that comes to your place of work and accuses you of "stealing the cookies from the cookie jar" which is a serious criminal offense. They wish to talk and your boss is in the room. You ...


3

It is generally legal for a business to ask, but it is not legal for a business to insist that you provide it as a condition of providing goods and services unless a law requires that the SIN be provided. As explained by the relevant Canadian government website: While there is no law barring businesses from asking for the SIN where there is no legal ...


3

This is weird. Within the EU, a passport is proof of identity, and it is also proof that you are allowed to take a job in the EU. There is nothing that a birth certificate would add to this. Either the bar manager is badly misinformed, or he doesn't want to give your brother a job, and will come up with something even more ridiculouse if he provides his ...


3

The criteria used by the IRS suggest that for federal tax purposes, the cashier would be properly classified as a contractor. Behavioral Control: A worker is an employee when the business has the right to direct and control the work performed by the worker, even if that right is not exercised. There is probably some training involved here, but it seems ...


3

You can be fired in Canada for criticizing the employer, or even complaining about the weather. There is a distinction between Termination Without Cause and Termination With Cause. In the latter case, which requires a serious reason related to the employee's conduct, you can be fired without advance notice and with no severance pay. If the employees actions ...


3

Belgium enacted an implementing law, the Act of 30th July 2018 on the protection of natural persons with regard to the processing of personal data. This, along with the GDPR, are the key legislative references that relate to your question. On 5th September 2017 the ECHR judged that it "considers that States should ensure that, when an employer takes ...


3

It's probably not unlawful to ask, but an answer cannot be required immediately. Per the Department of Labor, Susan has 60 days to elect COBRA coverage (the qualifying event here being the termination of Susan's employment): Your plan must give you at least 60 days to choose whether or not to elect COBRA coverage, beginning from the date the election notice ...


2

The "Privacy Rule" of HIPAA would prohibit this from happening. §164.504(f)(2)(ii) imposes requirements on group health plan documents (agreements), which must Provide that the group health plan will disclose protected health information to the plan sponsor only upon receipt of a certification by the plan sponsor that the plan documents have ...


2

As far as I know, by "default" the employer and employee are both free under the law to make any of these disclosures. I don't think there are any restrictions. However, most US states provide for at-will employment, where employees may be fired at any time for any reason or no reason (other than specific exceptions like illegal discrimination). So if ...


2

You cannot validate it because the employee used his personal Uber account and Uber would breach customer's privacy if they told you about a transaction you are not a party to. Consider using Uber for Business or give your employee a business credit card so that you could track the expenses.


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