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169 votes

Can I terminate an employee for qualifying for a job through a "degree mill?"

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 ...
Harper - Reinstate Monica's user avatar
121 votes

Why is stealing from an employer a criminal act when stealing from an employee is a civil act?

Because one is theft and the other is breach of contract Theft is taking someone’s property with the intent of permanently depriving them of it. It has always been a crime, in fact, it’s a toss up ...
Dale M's user avatar
  • 213k
80 votes

Can I terminate an employee for qualifying for a job through a "degree mill?"

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 ...
user6726's user avatar
  • 215k
75 votes
Accepted

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

I realize that as kids need to go home, the bus driver needs to drive despite the conditions of the bus Not really. The driver should refuse to drive the bus with too many passengers. If that were ...
phoog's user avatar
  • 37.9k
70 votes
Accepted

First amendment and employment: Can a police department terminate an officer for speech?

In general, employers in the United States are free to fire you for your speech. The First Amendment does not apply to anyone except the government (other than a narrow set of circumstances where ...
cpast's user avatar
  • 24.2k
57 votes

Deleting Software I Wrote Upon Leaving Employment of a Company

If you wrote this software during your working time (nine to five), and were paid for that time, then the company owns the software. Even if they didn’t know you wrote it. So deleting the software ...
gnasher729's user avatar
  • 34.3k
56 votes

Can pay be witheld for hours cleaning up after closing time?

Unless you are a salaried worker, all hours worked must be paid, and that could include paying overtime if the actual hours that you work is over 40 hrs. a week. You may file a complaint with the US ...
user6726's user avatar
  • 215k
56 votes

In the US, why are companies giving big "let go" package to people they want to let go?

There are really about three tiers of employees for these purposes. Also, the reasons are a mix of legal and business considerations. At the bottom, severance payments can be made in lieu of ...
ohwilleke's user avatar
  • 221k
53 votes

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

I realize that as kids need to go home, the bus driver needs to drive despite the conditions of the bus (also, to keep their job I presume) and so it isn't their fault, however I'm curious if in the ...
ohwilleke's user avatar
  • 221k
50 votes
Accepted

Job interview adjustment request was ignored. Is this an act of discrimination?

Yes, this would be an ADA violation The Americans with Disabilities Act (ADA) requires that "reasonable accommodations" be provided to people with disabilities in both the job application ...
Ryan M's user avatar
  • 10.3k
45 votes
Accepted

Are employers legally allowed to pay employees in goods and services equal to or greater than the minimum wage?

As described, no. Paying employees with benefits instead of money is called in kind remuneration. There are various limits on in kind payments around the world, including the US. Very generally, in ...
Nuclear Hoagie's user avatar
45 votes
Accepted

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

The National Labor Relations Act (NLRA) (together with related federal labor laws and regulations) sets the rules for what level unions are organized at in different industries, through the actions of ...
ohwilleke's user avatar
  • 221k
43 votes

Is the requirement to have any type of degree or certain amount of years worked discriminatory?

Yes. But it isn't illegal discrimination in many places. Laws against discrimination prevent the discrimination based on forbidden categories. Take the national Olympic team: They are allowed to ...
o.m.'s user avatar
  • 18.3k
42 votes
Accepted

Is my employer allowed to make me work without pay?

This is illegal, under the Fair Labor Standards Act, assuming you are not an "exempt" employee, which is primarily a salaried employee (your pay isn't based on how many hours you work). ...
user6726's user avatar
  • 215k
41 votes

Is it breach of contract if dismissed before starting work?

UK: For all I know you cannot be fired unless you are hired. They must hire you. Once a job offer is made and accepted, they must hire you. If they don't, call a lawyer. I personally know someone ...
gnasher729's user avatar
  • 34.3k
41 votes
Accepted

What are the limits of religious freedom in the workplace?

The EEOC web site has much information on this topic including summaries of close cases that have been decided in court. To determine whether allowing or continuing to permit an employee to pray, ...
George White's user avatar
  • 12.8k
41 votes
Accepted

Can an employer fine an employee in Virginia?

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 "...
Ryan M's user avatar
  • 10.3k
40 votes

How will anyone know if an employer fires an employee for an illegal reason?

There is a rather elaborate three step analysis that is done in civil rights cases under U.S. precedents. Circumstantial evidence, as opposed to direct evidence of discrimination (which is less ...
ohwilleke's user avatar
  • 221k
39 votes

Conflict between a religious belief that accounts for the existence of transgender people vs. one that doesn't

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,...
user6726's user avatar
  • 215k
38 votes
Accepted

Do companies have the legal right to reduce your salary?

Can the company just reduce everyone in the companies salary by 30%? Employers with at will employees can reduce the salaries of all at will employees prospectively, simply by telling employees that ...
ohwilleke's user avatar
  • 221k
37 votes

If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?

Yes the promise is binding and enforceable because of the reasons you mentioned (your consideration is making yourself available at the company's premises, and, should that not be convincing enough, ...
Greendrake's user avatar
  • 27.2k
36 votes
Accepted

Is there anything illegal about working for another party while on paid leave from one's job?

In general, in the US, Bob may do this. If the second company is a competitor of the first and Bob has access to confidential information from his first employer, then there could be an issue. Some ...
David Siegel's user avatar
35 votes

Can an employer fine an employee in Virginia?

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 ...
Just a guy's user avatar
  • 8,418
35 votes

Can Hollywood discriminate on the race of their actors?

Yes this is legal. Under the Civil Rights Act of 1964, there is an exemption under Title VII - Equal Employment Opportunity that allows for discrimination based on a protected trait when there is a ...
hszmv's user avatar
  • 23k

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