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. ...


42

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/...


35

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 ...


35

being overtime-exempt means they're not required to pay me time & 1/2 for overtime, but they're not prohibited from doing so correct? No, the employer is not prohibited from paying you time & 1/2 for overtime. Nor is the employer doing you a favor with respect to the overtime you have been paid already. The employer looks foolish by telling you &...


24

Employment discrimination based on the initial or native language of a prospective employee is probably not lawful under US federal law. Requiring the English-language skills actually needed for a particular job is lawful. Doing "editing, writing, or translation" obviously requires language fluency. But unless a business can demonstrate that it is ...


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 ...


15

In england-and-wales there is no legal requirement, in the private sector, to advertise vacancies and employers can recruit whoever they choose as long as they do not commit unlawful direct or indirect discrimination and follow their own internal HR policies. Re: In the western hemisphere is it quite legal for employers to do things like... Exclude close ...


13

This is a potentially litigatable matter under US employment law, where the outcome would hinge on what a "native speaker" is. One interpretation – a legally discriminatory one – of "Native speaker of Somali" is "a person born and raised in Somalia, who acquired Somali as their first language". This requires a specific national ...


10

Yes, they owe you time and a half. But, and it's a big BUT: If the contract lets them fire you, then they can just fire you. So, depending on whether they can let you go, what they're really saying might be, "We can't undo the time and a half we gave you in the past. Going forward, do you want to forfeit the overtime pay, or be let go?"


10

As a adult of sound mind, you are responsible for your actions. Background checks for job applications are common place to determine suitability. The employers have the right (and responsibility) to choose what is in their best interest. If through your previous and present actions, they come to the conclusion that you will become a liability to their ...


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

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 ...


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

You don't explicitly say (this being an internationally visited and populated site), but based on your question, I will assume that you are in the US. For the question you asked: Is the company the government? If not, then NO, you cannot successfully sue a company (or person for that matter) for violating the freedom of speech granted by the First Amendment ...


7

Up to then I'd assumed that custom & practice processes like: Your assumption is just plain wrong. Businesses are free to run their affairs in whatever way they deem best (within normal legal boundaries). That includes hiring and firing UNLESS the employee is part of a specific protected class or category. In the western hemisphere in general everything ...


7

They are setting that requirement in q very broken and illegal way - but their core goal is a legal one. Think about it: if you require employees to speak Navajo because you need that, that is lawful, even though it will have a strong tendency to select for certain Native American tribes (i.e. Navajo). An employer can require English language because it's ...


6

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 ...


6

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 ...


6

Your premise is a little off, which changes the question somewhat. The actual clause in the 2016 Junior Doctors contract Section 3 (52) states: Where a doctor intends to undertake hours of paid work as a locum, additional to the hours set out in the work schedule, the doctor must initially offer such additional hours of work to the service of the NHS via an ...


6

As far as I can see this means that I sign away any rights I currently have to any IP and also that I sign all rights to any IP I create whilst working for the company. The hiring manager says that I have this wrong and that it only means anything related to work that I would undertake during my employment with the company. Based on the quoted language, the ...


5

Political beliefs are not a protected class under either California or Federal law. A company is well within their rights to refuse to hire you for being racist.


5

Laws on such matters vary. Countries in South America, say, are likely to have different laws than the US will. Indeed Canada's employment laws differ significantly from those of the US. There are differences between states within the united-states as well. That said, I do not think any state in the US has legal requirements similar to those suggested in the ...


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 ...


4

The IRS does not care, the only people who will care are your employers. If they find out, they may fire you. Whether or not this rises to the level of fraud whereby they could sue you depends on what false thing you said to get the job offer. You might get a good idea by reading the employment contract to see what makes you think this is a "9-to-5"...


4

In the US, persons with a disability are entitled to a reasonable accommodation for their disability. There is no requirement to tell an employee everything about their working conditions before a hire, in fact it would be illegal for the employer to ask "Do you have a disability that would prevent you from working underground?". Once hired, you ...


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

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 ...


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 ...


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