48

If I did not sign promotion bonus document, my career would be over. Is this duress? No. The premise is hardly true or even logical, and what you describe falls short of duress. Not every imbalance of bargain power implies duress. First, it seems that you could have declined the bonus, thereby preempting the sanction/remedy for leaving within 12 months. ...


16

In the US what is/are the legal definitions of 'workplace'? Absent a statutory or contractual definition, the plain meaning is adopted "unless doing so would result in absurd, unintended consequences", Hassell v. Bird, 5 Cal.5th 522 (2018). Pulaski v. California OSHA, 90 CalRptr.2d 54, 69 (1999) points out that "'[w]orkplace' is commonly understood as ...


8

If this were English Language SE, I'd suggest "Hobson's choice" or "exploitative" (not making a judgment as to whether it actually is exploitative, just saying that "exploitative" describes how you feel about it), but since you are asking for a legal term, there's contract of adhesion, which is a contract that is presented with no negotiation allowed and an ...


7

Neither a tort nor a crime Torts are civil wrongs. Crimes are offences against the state which are deemed criminal. Both have roots in common law although in many jurisdictions they have been codified. The cause of action for unlawful discrimination is statute law. That is, it is what it is because the statute says it is. The offence against the state is a ...


7

At the federal level, employment discrimination as prohibited here is at its core a tort rather than a crime. Probably the most pertinent first part of the law is Subpart B, which encompasses procedures. The EEOC (Equal Employment Opportunity Commission) may receive allegations of a violation, and there is a procedure for deciding on the merits of the case. ...


7

People are laid off all the time when sales are down, the market is bad, etc: there is no legal "right to a job" except whatever is in your employment contract. There is a legal concept of promissory estoppel which boils down to promises being binding. However, there has to be a clear and definite promise, not for example a statement like "we hope to bring ...


7

It sounds like you've read about two party consent and public spaces. But while anyone can sue, it's winning a case that's relevant. "My client respects the applicant's beliefs, but choosing to express beliefs in such a way during a job interview indicated sufficiently questionable judgement that my client was unable to consider the applicant further for ...


5

It depends on what your son signed § 40.1-29(C) of the Code of Virginia says employers need written permission to withhold anything besides taxes from paychecks: No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of ...


4

A. Yes it is clearly illegal to fire employees for unionizing. B. Companies get around this all the time by closing the facility. That means the managers lose their jobs too, which is incentive for management to keep a union from forming.


4

Yes Verbal contracts are fine except when the law requires a written one - as it does here. Real estate contracts are also required to be in writing dating back to the Statute of Frauds in 1677. “Written contract” doesn’t mean written by a lawyer - just that the fact and essential terms of the contract are written down somewhere. An email or text will ...


3

Is it legal to retaliate against an employee who answered falsely when asked an illegal question? It depends. It is important to ensure we understand the distinction between (1) questions which are illegal in and of themselves, and (2) the illegality of hiring, discharging, or failing to hire based on a candidate's/employee's answer(s) or attributes. You ...


3

Depends on your definition of "require". 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 the employer to fire an employee who does not comply with that request. But that aside, no (unless such testing was ...


3

if they do admit to to such fraudulent behavior, either in writing or over the phone, what legal action can I take against them? First of all, the intermediary with whom you are dealing will not admit fraud in writing or over the phone. Most likely the intermediary knows where, when, and how to give a candidate or employee directions that are sought to ...


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

According to your description, you have a contract to work 200 hours, and this must be accomplished between May 12 and July 10. Apparently you are 25 hour short on that obligation, which may mean that you probably will be in breach of contract. I don't see what error there is w.r.t. the date: whatever the contract says, that is what you agreed to. Perhaps ...


3

Can a district rescind an offer of employment? Yes. Any contractural offer can be withdrawn so long as it has not been accepted. You did not accept it, so the withdrawal is legal. Can they hire someone who is not qualified ... That depends on the particular law that mandates the qualification. As a general principle, anyone is allowed to work at anything ...


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

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

Assuming your denial of signing does not mean repudiation, of course you may decide to not sign. But depending upon your University policies, any contracts and agreements in place as well as laws, particularly state and federal laws, your employer has assembled a package designed to be attractive and to provide benefit to the employer. But if you refuse to ...


2

About the part where they say that will charge your payment method, when you terminate your relationship with the company, you should send registered mail withdrawing authorization to charge your credit card thereafter, and you should notify the credit card company that further charges are not authorized. This won't change your legal liability, it just ...


2

No. Once a check is handed over to someone else, it becomes their property. They can do with it what they want: cash it immediately, cash it next week, burn it, sign it over to someone else, etc. You can certainly remind them to cash their checks though. As an employer in Arizona, you can fire someone for almost any reason, or no reason at all. In Arizona,...


2

Is the company allowed to take ownership of my shares without paying for all of it at once? Yes. Just like the company can take ownership of anything they buy on credit. As a creditor, you would rank ahead of shareholders in any insolvency proceedings but while first shot at nothing is better than second shot at nothing you still end up with nothing. I'...


2

am I right in my understanding of "payment in lieu" in the above scenario? No. You are not being “paid in lieu” of anything; you are being paid your accrued entitlement. Payment in lieu refers to payment instead of some other obligation. In employment it usually refers to an employer paying an employee instead of requiring the employee to work out the ...


2

Your interpretation seems to be correct. A furloughed employee is defined by Acas to be one who is "temporarily sent home because there's no work". This could in principle be through unpaid leave. The Coronavirus Job Retention Scheme is a government scheme to compensate employers for the wage bills of their staff during the furlough, so that the furloughed ...


2

Redundancy is a form of dismissal from employment — in other words, a permanent end to your employment. This is usually done if an employer needs to downsize, or if the job that you are employed for no longer exists. For example, if A runs a factory and decides to close it, the employees of that factory would likely be redundant. You are generally entitled ...


2

If you live in an at will state then you have no legal recourse.


2

In legalese, is there legal a difference between “we would like to hire you” and “we want to hire you”? No. Both are merely expressions of interest, and neither reflects by itself the formation of a contract. Also, neither expression is conditional (or written in "conditional format"). The only difference might be that "want" signals a stronger interest, ...


2

could this amount to constructive dismissal No, this is not constructive dismissal. This would require the employer to do something that "seriously" breaches Person A's contract and for Person A to resign as a result of it. Based on what you've told us, that isn't the case. It is perfectly normal for employers to have succession plans in place ...


2

Usually, a clause like this is used in contracts of full time managerial or professional employees of a business who are employed on a salaried or commissioned, as opposed to an hourly basis, in positions that are exempt from overtime requirements. It basically prohibits moonlighting with a second job while employed at your current job. A non-competition ...


2

Not by payroll deduction, unless the agreement to do so was not a condition of employment While it is true (as Just a guy's answer notes) that under § 40.1-29(C) an employee may agree via "written and signed authorization" to an employer withholding money from paychecks, the agreement to do so must be voluntary and not a condition of employment/...


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