170

This aspect (and many others) of contract law is applicable in the US and various countries of the EU. can they renege after the candidate has begun their journey, thus saddling the candidate with the travel cost? No. The company would incur breach of contract. There is no need for a formal contract. The candidate only needs to prove that the company ...


166

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 the strength of the feeling alters the above advice. Yes, it does. Very strong feelings are an exceptionally terrible reason to engage in a legal action! I ...


120

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 whether theft or murder was the first crime ever. Not giving someone something you lawfully owe them but that they never possessed is not theft because it lacks ...


80

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 accreditation organization there is no violation of the law and no misrepresentation. States may impose restrictions on institutions that operate within their borders, ...


79

Virginia employer terminated employee and wants signing bonus returned Can the employer legally keep his last check and send the employee a bill for the remainder ? No, unless (1) the employee resigned and (2) his resignation does not amount to constructive termination. The employer may withhold the remaining $7,000 only if the employee did not meet ...


69

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 private parties act on behalf of the government or take on government roles, like when private universities employ campus police). If the officer was being fired ...


58

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 Dept. of Labor, and the boss may not fire you for complaining. Your state DoL may have even stiffer rules and penalties.


52

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 process and in the workplace. Specifically, this would be a failure to provide "modifications or adjustments to a job application process that enable a ...


48

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 kind payments are only allowed for particular industries and occupations, only allowed up to a certain dollar value, and only allowed as a certain fraction of ...


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. ...


44

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 discriminate based on athletic performance, obviously. They are allowed to discriminate based on gender. There are men's teams and women's teams, and men cannot ...


42

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 who got hired, and when he arrived for his first day's work at the new company, he found that the whole department that he was supposed to join had been laid of. ...


41

This seems to fall under the Federal Fair Labor Standards Act, and is defined as "waiting time." From Employment Law Handbook: On-duty waiting time should be counted as hours worked. It is time spent by an employee, typically during normal work hours, waiting for direction from their team lead, supervisor, or manager. These on-duty waiting time ...


40

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, proselytize, or engage in other forms of religiously oriented expression in the workplace would pose an undue hardship, employers should consider the potential ...


39

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 frequently available to plaintiffs), is analyzed under a three-part test created by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). STEP ...


39

Why is stealing from an employer a criminal act when stealing from an employee is a civil act? The question is based on a false premise: stealing from an employee is a criminal act but a breach of contract (e.g., withholding wages) is/maybe a civil wrong so not necessarily theft. However if an employer takes and retains an employee's property (e.g., cash ...


38

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 ...


37

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 Bona Fide Occupational Qualification (BFOQ). The wording is such that it can cover a slew of jobs that have just cause to discriminate against someone in their ...


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 &...


34

In most of the United States, the answer is yes. The First Amendment protects your freedom of speech from government interference, not from private interference. You don't have to be friends with someone who says "war sucks," and you can kick someone out of your house for opposing the invasion of Libya. But corporations enjoy mostly the same First Amendment ...


34

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, detrimental reliance wipes out any doubt). You have a perfectly valid contract here. However, a perfectly valid contract means that both parties need to perform ...


32

it would violate law? It would be very dependent of what your jurisdiction is and what the software does. I would expect most software that would be lawful to install at your home would be lawful to install at your company, but there may be exceptions. To put an hyperbolic example, if you work at the CIA and you install some remote access software that ...


32

With respect to disciplining its students and employees, a private school can basically do whatever it wants. There's more freedom to do so with respect to students than with employees, who have greater protections derived from anti-discrimination laws, collective-bargaining agreements, and the like. If a private school wants to impose a No Burger Tuesdays ...


30

Yes, that would be fraud. From the Fraud Act 2006: 2: Fraud by false representation 1) A person is in breach of this section if he— (a) dishonestly makes a false representation, and (b) intends, by making the representation— (i) to make a gain for himself [...] By saying that you had got a position with a competitor you would be ...


29

At Will Employment - In General An "at will" employee in the U.S. can be fired at any time for any reason without any prior notice or warning. Outside a union shop or a civil service employment situation, even an illegal reason for firing does not give you the right to be reinstated in your job - instead it gives you a right to sue for money ...


29

Let me describe example situation: She went to the store and picked up some merchandise She walked to the checkout and produced a Monopoly banknote The clerk gladly accepted the Monopoly money and gave out change in real $$ Now, who's at fault here? Who's is deceiving who? Who's getting fooled? Clearly, the clerk is at fault. It's literally his job to ...


29

Since the employee made a 1-year commitment, and did not quit within the year, I see no justification for the claw-back of the signing bonus. If the letter had said "you must remain employed for one year or the bonus will be repaid" that would be different. However, before seriously considering a suit, you will want to consult an emplyment lawyer. You may ...


28

After a bit more research, I found a whitepaper from J.J Keller & Associates that says in part Time spent participating in fire or other disaster drills, even if voluntary or outside of regular working hours, is considered to the benefit of the employer and is compensable hours of work. Of course, such time may be compensated at the minimum wage ...


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