37
The law doesn't distinguish between two Christians with divergent beliefs, or between an atheist and a Christian (obviously with divergent beliefs). The law simply does not care what religion you have, or whether you have one. The law just says "follow the law!".
The complication is that part of the First Amendment which says that the law is to be neutral ...
22
are contract terms enforceable that say the employee has to pay the employer if they leave without giving notice?
Yes, as long as the penalization is not of punitive nature. The doctrine of at-will employment is only the default condition, but a contract may supersede it.
As for the extra question, reciprocity of sanctions (as in leaving without notice) ...
11
The following FLSA guidance explicitly applies to hourly, overtime nonexempt employees. Rules are looser for salaried, overtime exempt employees, executives and commissioned sales.
The Fair Labor Standards Act fact sheet on deductions from pay requires an employee must be paid at least minimum wage for all hours worked in a pay period when there are ...
6
tldr; the agreement is a mess, one-sided, do not sign.
This agreement does little to serve your interests, and a lot to harm them.
It is also fairly poorly phrased, I have doubts that someone with legal knowledge wrote it. It states:
I agree to not disclose, or discuss with anyone, any matters relating to the investigation
You are agreeing not to talk ...
6
This question fundamentally is not about religion in any way.
Based on your question, Christine would not be discriminating against people from Ann's own sect, only against transgender people. If Ann has reason to believe that Christine will behave in a discriminatory way to transgender people, Ann can legitimately exclude her to prevent harm to other ...
5
You can file a complaint with the CFPB regarding 12 CFR §1005.10(e)(2)-1.
Your individual state Department of Labor may enforce similar state level regulations too.
And, yes, this technically falls under the FDIC as well. You can also file a complaint with them, although it's very unlikely they would pursue any action against a non-bank employer.
The FTC ...
4
In the absence of an agreement to the contrary, you could usually be sued in the jurisdictions where the events giving rise to the claim took place, if you were personally served with process anywhere in the world in a procedurally correct manner. If this happens and you default or fail to cooperate in the judicial process, you will probably have a judgment ...
4
Can they?
Yes
Is it legal?
No
This is called constructive dismissal and it is as illegal as any other dismissal without legal cause.
4
How big is the scope of the agreement?
Even if HR ends up doing nothing to duly redress the issue, signing the agreement forfeits your right to dismantle/refute the false accusations elsewhere and/or to seek relief in court. Based on my personal experience with the University of Michigan HR's department, I suggest you not to expect your company's HR ...
4
What discrimination?
As explained in Conflict between a religious belief that accounts for the existence of transgender people vs. one that doesn't the Constitutional protection of the Free Exercise Clause applies to the exercise of a deeply held belief (religious or not).
So, let's accept that a person believes that certain sexual practices or gender ...
4
I'm not a lawyer, but this sounds like a clear-cut case of religious discrimination to me.
You say in a follow-up comment, "I think it can't be religious discrimination because the company owner is also a Christian." But no, that's not how the law works. Discrimination on the basis of religion is illegal no matter how close or far apart the people involved ...
3
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 ...
2
W.r.t. the federal statute, it is not all that clear. First, 15 USC 1693k says
No person may— ...(2) require a consumer to establish an account for
receipt of electronic fund transfers with a particular financial
institution as a condition of employment or receipt of a government
benefit.
where "consumer" is defined to mean "natural person".
One ...
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 ...
1
It depends on what you mean by "legal", and the specifics of that relationship. Usually, there is a university policy prohibiting full-time faculty from holding other jobs (setting aside the summer-job exception for 9-month employees, which administrators are not). This would violate such a policy and possibly be grounds for termination – as violation of the ...
1
My understanding is that you do not get to pick a plan, but rather if laid off you are able to select the COBRA option for the insurance you have signed up for. Normally this will happen at a substantially higher rate, and it is time limited to 36 months. Costs are capped at 102% of the employer's current rate.
You did not indicate what state you are in; ...
1
No and possibly. The two-year reference would not require you to remain employed for two years. It pertains (and this is the potential problem) to the amount of time after you leave your employment during which you would be prohibited from competing with your former employer. You should note, however, that most jurisdictions limit the enforceability of ...
1
Although the asking person didn't mention this, the statement "blessed be" is a well-established greeting under Wicca, specifically, and is distinct from other belief systems. Wicca is generally recognized as a religion under U.S. law. As such, this is a case of an employer compelling religious speech. Since members of many religions would be discouraged ...
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