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 ...
- 38.8k
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 ...
- 35.1k
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 ...
- 230k
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 ...
- 230k
38
votes
Accepted
What rights does an employee retain, if any, who does not consent to being monitored on a work IT system?
united-states
Given a workplace IT system which is necessary to complete one's job
duties, what rights, if any, do you retain as an employee to withhold
your consent?
Essentially none, unless you ...
- 230k
28
votes
Accepted
In the US, are employers liable for torts caused by their employees working from home
Vicarious liability generally needs to pass the so-called "close connection" test, meaning that the act in question must be sufficiently related to the conduct that the employer has actually ...
- 6,020
27
votes
Deleting Software I Wrote Upon Leaving Employment of a Company
(USA) This gets complicated quickly and depends entirely on the particulars of your situation and your jurisdiction. At a high level, there are several distinct issues:
Destruction of Data
This is ...
- 619
25
votes
What rights does an employee retain, if any, who does not consent to being monitored on a work IT system?
switzerland
Monitoring employees is generally prohibited.
An employer must not monitor employees to an extent not necessary by its duties. That means for instance that the employer cannot monitor the ...
- 7,376
21
votes
Accepted
Are there any jobs that are forbidden by law to convicted felons?
united-states
The conviction of any felony automatically disqualifies a candidate from working for the FBI (Federal Bureau of Investigation), whether as a special agent or on the professional staff.
...
- 1,331
20
votes
Are there any jobs that are forbidden by law to convicted felons?
massachusetts
You can't be a police officer in Massachusetts
MGL Part I, Title VII, Chapter 41, Section 96A
No person who has been convicted of any felony or whose name is listed in the national ...
- 4,598
19
votes
Can an employer waive your right to overtime pay in Illinois as a W2 employee?
Overtime payments are mandated by federal law in the US and cannot be waived
Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees....
- 7,445
18
votes
Are developers data processors?
(I work for a Data Processor, and so have to take GDPR training ever year.)
If all you are in an independent contractor who writes the software and then hands it over to someone else, you're not a DP.
...
- 585
17
votes
Are there any jobs that are forbidden by law to convicted felons?
Yes, but ...
australia
The Human Rights and Equal Opportunity Act (Cth) (HREOC Act) makes it illegal to discriminate on the basis of a criminal record unless it makes them unable to perform the '...
- 219k
14
votes
Accepted
When would it be legal to ask back (parts of) the salary?
germany
The only legal base for asking back salary is an error in transferring it in the first place. If the employee was not entitled to it, and the employer transferred it by mistake, the employee ...
- 9,472
12
votes
Are developers data processors?
The data processor is the legal entity which operates the data processing system under orders of the data controller.
A developer is a legal entity, and a developer might provide software as a service ...
- 19.2k
10
votes
Accepted
M&A: Avoiding paying redundancy by selling the company? (UK)
Does Corporation B pay the redundancy costs?
Yes, that's what TUPE does, and all the usual stipulations and conditions would apply. Hypothetically there could be a separate agreement between A and B ...
- 4,743
10
votes
Which type of attorney should I consult for a complex case involving employment, contract, and IP law?
In the United States, a person licensed as a lawyer is allowed to practice any kind of law (from death penalty cases to car accidents to public offerings of securities to wills to employment contracts)...
- 230k
10
votes
Is there any chance I could get in legal trouble if I respond to a job rejection email like this?
People over at the workplace already told you: don't. Just don't.
But since your question here is whether it is illegal, I'll answer that question: No, it's not.
It's perfectly legal in the US to be ...
- 9,472
10
votes
Are there any jobs that are forbidden by law to convicted felons?
united-states
Although the American federal government doesn't outright bar felons from most positions, it does require job-seekers to provide sufficient information so the hiring agency can determine ...
- 1,331
9
votes
Is the bus driver forced to break a law when allocated more students than the maximum capacity of the bus?
WAC 392-145-021 is to be obeyed by the local school district, pursuant to regulations set forth and enforced by the superintendent of public instruction. 392-145-016 separately states rules that are ...
- 216k
8
votes
Do companies have the legal right to reduce your salary?
The company must pay you the agreed-upon contractual rate for any hours that you already worked, but they are not obligated to continue to pay you the same salary going forward. The company can inform ...
- 6,020
8
votes
can a company exist with no employees?
Of course. A "company" is simply an organization formed to advance certain shared goals. While employing people is one of the things a company might do, plenty of companies have no need to. ...
- 2,675
7
votes
Redundancy due to Organisational Restructure
Is this kind of settlement agreement a redundancy?
No. Formally speaking, ending employment with a settlement agreement is not a redundancy. In this context the settlement agreement is a contract ...
- 18.2k
7
votes
Accepted
Can sexual consent be required to enter a building?
canada
This form would be irrelevant to an analysis of consent. Consent must be subjective and contemporaneous with the impugned act. See Criminal Code, s. 265 and especially s. 273.1(1.1): "...
- 65.8k
7
votes
When would it be legal to ask back (parts of) the salary?
When would it be legal to ask back (parts of) the salary?
canada
An employer is entitled to recover overpaid salary.
If agreed to in the employment contract, an employer may also be entitled to ...
- 65.8k
6
votes
Liability for damage to work equipment while used at home with employer permission
Liability determinations are generally made by a jury (or in some cases, a judge/magistrate or arbitrator), and it's not an all-or-nothing question. A jury can find one party 30% at fault and the ...
- 407
6
votes
Liability for damage to work equipment while used at home with employer permission
Since this did not arise in the course of employment, liability is possible. Then the fact of being an employee of the tool-owner neither adds nor subtracts from the user's liability. What matters is ...
- 216k
6
votes
Accepted
Deleting Software I Wrote Upon Leaving Employment of a Company
I have to disagree with gnasher's answer:
If you wrote this software during your working time (nine to five), and were paid for that time, then the company owns the software.
If you are a software ...
- 84
6
votes
Can you check references without permission?
Listing references constitutes permission from the candidate. But, you don't legally need permission to contact someone to ask their opinion about an employment candidate at all.
- 230k
6
votes
Is it legal for a former employer to send appointment reminder to clients, for appointments with me, when I’m no longer at the company
There are inevitably screw ups when an automated system doesn't catch up with reality. There is no reason to think it is intentionally deceptive. It isn't illegal, it is just a reflection of the ...
- 230k
Only top scored, non community-wiki answers of a minimum length are eligible