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167

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, ...


30

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 ...


28

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 ...


15

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 (...


14

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 ...


10

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 ...


8

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 ...


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 ...


4

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, ...


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".


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

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 ...


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 ...


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.


2

I can only speak for England and Wales, but I would expect other jurisdictions to be the same: You are correct: you should only repay the excess cash that you received. Sorting out other deductions is your employer's problem. This will be more complicated if this was the last payment in the tax year; speak to your local tax collection office. You might ...


2

If the money is deducted from a paycheck, then for hourly/non-exempt employees it is a violation of the federal Fair Labor Standards Act to reduce the pay below the minimum wage for deductions "for the benefit or convenience of the employer" Other Items: Employers at times require employees to pay or reimburse the employer for other items. The cost of any ...


2

The article you link has a link to Construction, Forestry, Mining and Energy Union, Tasmanian Branch (T10377 of 2002) and Incat Tasmania Pty Ltd concerning whether Incat were allowed to search employee's bags as they left the premises. TL;DR Yes, they are. This was a case about searching employee's bags: you are asking if they can search the employer's ...


2

Ideally, an employer should have a code of conduct or policy that covers workplace monitoring. If a code or policy has been agreed, it will usually form part of your contract of employment. This means that where an employer is allowed to monitor your activities, these activities could be the subject of disciplinary action if you are using workplace equipment ...


2

The GDPR is no blanket prohibition of data use, it requires a legal basis and/or the consent of the data subject for data processing. Is your company large enough to require a data protection officer? If so, consult this officer. If not, talk to the legal department. Document that, and you should be legally on the safe side if they tell you to go ahead. An ...


2

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 ...


1

In Ireland there is a scheme called JobsPlus, which is intended to incentivise employers to employ the long-term unemployed. It has two rates, €7,500 and €10,000, depending on the circumstances of the individual unemployed person. https://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/employment_support_schemes/jobsplus.html


1

Can I take an employer to court over false promises and breach of contract? Yes. But first find out whether your jurisdiction (if in the U.S.) requires you to "exhaust administrative remedies" before filing suit. Michigan is one such jurisdiction where non-payment of wages should be reported/addressed first with the state agency in charge of the Payment ...


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