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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Is a termination notice with an invalid end date enforceable? [closed]

If an employer service a notice of termination on an employee, but specifies a date for the termination which is in the past, is it enforceable?
Donna Richardson's user avatar
-6 votes
1 answer
204 views

Is there any chance I could get in legal trouble if I respond to a job rejection email like this?

“Good morning, Thank you for your application for our Entry Level Sales Position. We appreciate your interest in joining our company (NO YOU DON'T, OR YOU WOULD HAVE HIRED ME), and we are pleased that ...
Neal's user avatar
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3 votes
2 answers
204 views

Work-for-hire unpaid: who owns the IP?

Suppose X is a software developer, the only employee of sole proprietor Y. The contract is oral, "build an app like (famous app), earn $wage per week". Laws breached by this are outside the ...
Therac's user avatar
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5 votes
1 answer
511 views

Which type of attorney should I consult for a complex case involving employment, contract, and IP law?

This question concerns another Stack Exchange question: https://workplace.stackexchange.com/questions/195267/agreement-made-at-hire-is-unenforceable-due-to-a-technicality-employer-refuses What type of ...
AtomicAcorn's user avatar
2 votes
1 answer
30 views

Does Minnesota Statutes 43A.11 apply at the County or Council Or Regional level?

I am a US Army Veteran and I applied to a few jobs position at the County and Regional/Council government agency level. I was told by the HR department that MN Statutes 43A.11 (which gives preference ...
Waeyo's user avatar
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2 votes
1 answer
63 views

Are parties protected from retroactive action when a law allowing something is declared unconstitutional and other existing laws conflict? CA Prop22

Are parties protected from retroactive action when a law allowing something is declared unconstitutional and other existing laws conflict? RE:CA Prop22 and AB-5 law on Independent Contractor status ...
Cliff B's user avatar
  • 121
-4 votes
1 answer
93 views

Is it legal having two 40 hour jobs in 2 EU countries being non EU [closed]

I have a work permit in Sweden for 3+ years. I have received a job offer from another EU country. I want to work both jobs. Both jobs are 55k+ euro annually so I have no issues with minimum ...
Arthie's user avatar
  • 1
2 votes
1 answer
589 views

M&A: Avoiding paying redundancy by selling the company? (UK)

Corporation A owns many smaller business units. Corporation A agrees to sell Business Unit X to Corporation B. Business Unit X has a number of employees who are effectively redundant because their ...
Cosmittus's user avatar
  • 123
-4 votes
1 answer
155 views

Why is per country cap for employment based immigration gcs not illegal?

I have a minor son who is a legal us citizen but I am on h1b with valid I-140 for the last 8 years. In case of job loss where I have to leave the usa, he will have to go thru the tough choice of ...
GBasu's user avatar
  • 1
7 votes
2 answers
1k views

Can an employer waive your right to overtime pay in Illinois as a W2 employee?

I recently signed an offer letter for a "contract" job through a staffing agency to work for another company. It's a W2 position and the offer letter had verbiage similar to this: "You ...
Adam's user avatar
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30 votes
3 answers
10k views

Is the bus driver forced to break a law when allocated more students than the maximum capacity of the bus?

At the high school I go to, our school district's transportation department (likely due to budget reasons) has allocated more students onto one bus than its maximum capacity, resulting in kids sitting ...
violetorigin's user avatar
0 votes
1 answer
143 views

Is it legal to post a job opening that the company has no intention of filling?

This survey talks about the concept of "ghost jobs", job postings that the company leaves open for longer than necessary or doesn't actually intend to fill. I'm curious about the second one, ...
Ryan Donovan's user avatar
0 votes
2 answers
64 views

Overdue Business Expenses [USA] [closed]

Based in NH. Been with the company for 7 years. I have quite a large outstanding business expense (over $20k) with my employer, and there is no sign of it being paid off any time soon despite being ...
Don't Tell My Boss's user avatar
0 votes
2 answers
89 views

Employment in the US while permanently living in the EU?

Apologies for a somewhat simple language for this community. I'm a US citizen, legally residing in the EU on a permit. I have never worked in any way in the US and do not have a permanent home there. ...
qugu's user avatar
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0 votes
0 answers
55 views

What indemnities will I get if my company is declared bankrupt during a professionnalization contract?

I have a professionalization contract ("Contrat de professionnalisation") in a determined duration ("CDD") with a company that will soon be declared bankrupt in France. I find much ...
Thomas's user avatar
  • 101
2 votes
2 answers
1k views

Liability for damage to work equipment while used at home with employer permission

Please consider the following hypothetical situation: An employee in Prince Edwards Island, Canada borrows a mini-excavator from his/her employer with permission from his employer. While the employee ...
Sean's user avatar
  • 21
1 vote
0 answers
117 views

Is it illegal to restrict types of shifts available to women?

The scenario I'm imagining is a part-time job, where there's no sex discrimination in the actual hiring based on sex, but the type (and possibly) quantity of shifts available is restricted by sex. ...
Radvylf Programs's user avatar
1 vote
2 answers
126 views

Is a worker either an employee or independent contractor? Or could they be something else?

Is it possible for a paid worker to neither be an employee nor a contractor? Is there some other category or classification, or must the worker be one or the other? In general people talk about ...
StumpTheCheff2's user avatar
4 votes
1 answer
419 views

Germany: Right to work without a SSN and National ID number

I am in Germany on a spousal visa. My visa states "Erwerbtätigkeit erlaubt" i.e. I can work here. I have a Steuernummer (tax number) and I have finished my Anmeldung (registration) at the ...
user1936752's user avatar
0 votes
1 answer
72 views

Can an employer legally help a line manager at an English Employment Tribunal but not tell their employee (claimant) they will do this?

The background After enduring months of a stressful and toxic work environment marked by harassment, the employee then attended a probationary review (PR) meeting with their line manager. During the ...
Jo Malone's user avatar
7 votes
1 answer
164 views

Can an employee be fired for planning to take FMLA?

In the US, Family and Medical Leave is protected by federal law. Part of the provisions is that you cannot fire an employee for taking FMLA. Presumably, if an employer was malicious, they would ...
Consis's user avatar
  • 1,357
12 votes
3 answers
7k views

Do companies have the legal right to reduce your salary?

Let's say you signed an "At will" employment contract. And then lets say the company you work for has a 30% reduction in revenue. Can the company just reduce everyone in the company's salary ...
user55665484375's user avatar
4 votes
1 answer
180 views

In 2013, many news sites reported that a US programmer (Bob) outsourced his work to a company in China. Isn't that illegal?

If you don't know, I'm talking about this: https://www.cnn.com/2013/01/17/business/us-outsource-job-china/index.html NPR and BBC also reported on this. From what I've read, Bob only got fired by his ...
No Name's user avatar
  • 436
1 vote
1 answer
133 views

Lapse in Coverage By Becoming Disabled From a Pre-Existing Condition at a New Job?

In the US, most job-based health insurance plans include a stipulation which references the pre-existing condition exclusion period: The time period during which a health plan won't pay for care ...
Yos233's user avatar
  • 113
-3 votes
1 answer
92 views

Can a 13 year old sole trader employ someone in the UK?

Could a 13 year old sole trader employ someone assuming that they can afford to do so?
Jhusky's user avatar
  • 1
0 votes
1 answer
62 views

UK Employment Law Regarding errors in employment process and contract [closed]

So I applied for a job that was ranged from mid level/senior with me applying for the senior position with the appropriate salary. I got through all stages of interview and was hired, but when I got ...
Djingus's user avatar
1 vote
1 answer
112 views

Such a thing as a bankrupt law

The early 20th century folk song "On the Trail of the Buffalo" tells the story of some cowboys employed by a drover to run buffalo. In Woody Guthrie's 1945 version (video / lyrics) we have ...
Luke Sawczak's user avatar
0 votes
1 answer
91 views

Can an employer determine benefits eligibility based on home address?

Say someone lives in county A, which is in the same state as county B. The Employer, based in the same state as both counties, offers different health insurance plans to someone living in county A ...
SJW's user avatar
  • 1
6 votes
2 answers
3k views

Are developers data processors?

This question is inspired by this other question: What are an employed/contracted software developer's responsibilities under the GDPR? I wanted to understand more precisely the concept of a data ...
User8's user avatar
  • 67
-5 votes
1 answer
89 views

Implications of subversive harassment [closed]

What are the implications of causing someone distress in some subversive fasion to the extent that they quit their job, get a divorce, run away, leave my establishment, or begin to cause defimation? ...
Chezzwizz's user avatar
  • 127
1 vote
2 answers
187 views

What are an employed/contracted software developer's responsibilities under the GDPR?

This is prompted by this question but that is rather complicated by the technical details. Suppose the following hypothetical: Alice is a software developer for Bob Inc. perhaps as a normal employee, ...
User65535's user avatar
  • 6,526
1 vote
0 answers
280 views

California: loss of vacation time after conversion from PTO to FTO

A few years ago, my employer implemented a flexible time off (FTO) policy where there's no predefined limit to the amount of time you can take off; you just need to get agreement from your manager ...
etymon's user avatar
  • 11
-2 votes
1 answer
89 views

Q: Age discrimintation?

Q: Age discrimination? Can a federal employer post a job opening without mentioning anything about age requirement (between the ages of X-Y at the start of the position)? Adding equal opportunity ...
Bonita Nut's user avatar
1 vote
2 answers
171 views

Are pledges I made in a job interview binding?

Among some "pro" tips shared in my neighborhood for desperate job seekers is the myth that promising to never unionize drastically improves the chance of landing on a job. If one were to ...
quv390220's user avatar
2 votes
1 answer
154 views

Is there any requirement to provide a physical payslip on request in Germany?

Currently my employer requires employees to log-in to a website to download our monthly pay-slips. I find this frustrating as I receive no notification that a new payslip has been generated, and must ...
Neil Tarrant's user avatar
1 vote
1 answer
105 views

Can a person agree not to disclose how their employment ended?

Can an employer fire an employee without cause and tell them that the reason for his departure from the company is strictly confidential? What if it's part of a settlement agreement? For example if ...
copypasteme's user avatar
2 votes
1 answer
49 views

Pay Transparency Law broken by company that hired me in Connecticut. Any recourse? [closed]

Short Version Applied to a company, got hired for a below average salary for my profession, realized they broke a law by not disclosing the salary range for the position. Can I do anything about it? ...
Dylan's user avatar
  • 29
3 votes
0 answers
336 views

Did Elon Musk have a legal justification for firing CEO Parag Agrawal for cause right after closing the Twitter deal?

According to Walter Isaacson's new biography of Elon Musk, immediately after closing the deal that took Twitter private, Elon Musk's assistant delivered letters of dismissal to the Twitter CEO and ...
dan's user avatar
  • 131
0 votes
1 answer
48 views

USA Employment Law: Job Search with Moonlighting

I am a Software Developer contractor but I also want to have my own side-hustle business. This side hustle business might contain programming, research or developing new software products. However, it ...
jbdundas's user avatar
1 vote
1 answer
143 views

Can ex-employer ask/require in a severance agreement that if I plan to disclose information about the severance agreement, I must tell them first?

Can a severance agreement ask/force an employee to inform the ex-employer if they plan to disclose the severance agreement? My understanding is that the National Labor Relations Act allows me to share ...
abaines's user avatar
  • 111
0 votes
1 answer
67 views

Can a government lawyer's duty of loyalty be ended in Canada?

I assume the following: A lawyer employed by the Government of Canada (GC) has an attorney-client relationship with GC. The "attorney" is the lawyer, the "client" is "...
Jaredo Mills's user avatar
-3 votes
4 answers
473 views

Are anti-piercing (like a nose ring) rules by employer sueable?

I suppose employers can enforce dress codes, but they also can't obviously discriminate against people who have piercings or tattoos. So, what's the line here? If an employer requests an employee to ...
No Name's user avatar
  • 436
28 votes
2 answers
5k views

Why are Hollywood studios permitted to collectively bargain with employees, and what are the limits of this apparent antitrust exemption?

Employers are generally not allowed to coordinate in any way which limits the normal competition for employees. Further, trade associations are not generally permitted to act in ways which would ...
retriever123's user avatar
0 votes
0 answers
122 views

Can a truck driving company (USA) use an outward facing camera as an inward facing (in-cab) camera without driver's consent/knowledge?

Trucking company has outward facing cameras which drivers are aware of. However, no official company (written) policy was provided about the outward facing cameras recordings, usage, or storage. Now? ...
Bonita Nut's user avatar
1 vote
1 answer
71 views

If one loses their job while outside the US, is their worker visa immediately revoked?

Suppose a foreign citizen was working in the US on a non-immigrant worker visa. While they were enjoying their summer break outside the US, they receive an email noting that he had just been ...
ve74060's user avatar
  • 11
1 vote
2 answers
125 views

Question Concerning Responding to Employer of Minor Daughter Paid Under Minimum Wage [closed]

My high school daughter worked for about a year for an employer who owns a tutoring company in our town. Due to friction between my daughter and the employer, my daughter recently quit but she ...
Barney Cowell's user avatar
5 votes
1 answer
251 views

Can companies use code that I wrote during a coding interview in their products?

Suppose a company's programmers are struggling to code a portion of a complex program. HR orders the questions of an upcoming interview to be replaced with that of the unfinished complex program. It ...
dlz93064's user avatar
3 votes
1 answer
354 views

Can I opt out of UK Working Time Regulations daily breaks?

The Working Time Regulations 1998, PART II, Regulation 10 says Daily rest 10.—(1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during ...
Ross Drew's user avatar
  • 133
1 vote
0 answers
109 views

Tuition Reimbursement - No signed Clawback Policy

I have worked for my current employer for 18 months and have been in grad school the entire time. I read the Employee Handbook the first day and honestly do not remember if or what was included in the ...
NottheWorstNurse's user avatar
1 vote
0 answers
278 views

What is the legal age of retirement in IT companies in India

I am aware that retirement age for government employees in India is 58. But what is the legal retirement age in IT/Software companies in India? If someone wants to work till 70 ( assume he is fit &...
NiceGuy's user avatar
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