74
votes
In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?
Your employer is most likely bluffing. It is better to be fired than to quit voluntarily.
The problem with quitting voluntarily is that you won't get unemployment benefits (Arbeitslosengeld I) for a ...
- 24.1k
47
votes
Accepted
What 'specific legal meaning' does the word "strike" have?
united-states
Under US law, unions and employees enjoy a set of protections codified under the National Labor Relations Act. Some of those rights specifically pertain to strikes, and in particular, ...
- 5,697
46
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 ...
- 239k
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). ...
- 217k
41
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 ...
- 239k
37
votes
Accepted
Can employer legally stop paying time & 1/2 to exempt employee after stating in the offer that they would do so?
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 & ...
- 45.5k
31
votes
High School forced labor for grades?
Various elements could be legal, or not. For example, it is legal to require students to do things in order to pass a class. It is legal to require a student to write a program for a course (entirely, ...
- 217k
30
votes
Can a 401k plan exclude Union members?
The reason for that standard boilerplate is that any union members would be covered by the terms of their Collective Bargaining Agreement (often called the Contract). This isn't an attempt to exclude ...
- 7,700
28
votes
Accepted
Is it legal for a company to enter an agreement not to hire employees from another company?
Among other stories via Google, some major companies lost a 2015 civil lawsuit brought by their employees: Apple, Google, others settle antipoaching lawsuit for $415 million - CNET
Filed by former ...
- 19k
20
votes
Accepted
At what salary do I need to withhold taxes?
A babysitter is a household employee in the IRS's parlance. This means that:
[Y]ou may need to withhold and pay social security and Medicare taxes, pay federal unemployment tax, or both. To find out,...
- 7,163
19
votes
Accepted
What are some jurisdictions where a "no-strike clause" is illegal?
In germany, this is called Friedenspflicht. Both employers and employees (and their unions) are required to refrain from strikes and lockouts in disputes on issues which are covered by a currently ...
- 20.5k
17
votes
Asking for compensation for a broken job offer in CA
Is there any type of California labor law that would allow for him to ask for compensation for lost wages?
Your family member might have a claim of [intentional?] misrepresentation. Simply put, it is ...
- 45.5k
16
votes
In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?
Is it fine to threaten an employee like this?
No. It's actually a crime (StGB §240 Nötigung).
If they can do it that way, what are the consequences?
They absolutely cannot. Ending an employment ...
15
votes
Accepted
Can a 401k plan exclude Union members?
This fact sheet on the "Employee Retirement Income Security Act of 1974" or ERISA, published by the United States Department of Labor, includes this quote:
Who can participate in your ...
- 1,748
15
votes
Accepted
How can employer and union agree to tax-free payments?
certain kinds of payments just are tax-free
There are several kinds of tax-free special payments in germany, such as certain types of additional payments (for example "Vermögenswirksame ...
- 45.2k
14
votes
Accepted
Could members of a minority use collective action to negotiate with racist employers?
This is explicitly prohibited under 42 USC 2000e-2(c)
(c)It shall be an unlawful employment practice for a labor
organization— (1) to exclude or to expel from its membership, or
otherwise to ...
- 217k
14
votes
How will anyone know if an employer fires an employee for an illegal reason?
Indeed, in the United States, employees without a written employment contract generally can be fired for good cause, bad cause, or no cause at all.
The quickest answer would be that in cases where the ...
- 573
14
votes
What are some jurisdictions where a "no-strike clause" is illegal?
france
Une convention ou un accord collectif ne peut pas limiter ou réglementer l'exercice du droit de grève.
A collective or bargaining agreement may not limit or restrict the exercise of the right ...
13
votes
How can a company compel a W2 employee to sign a non-compete agreement?
A company generally cannot compel an employee to agree to a non-compete, but they have a wide variety of alternatives for inducing employees to do so. Most obviously, they may threaten to fire ...
- 744
13
votes
Accepted
What are some of the legal consequences of hiring full-time employees as independent contractors?
A worker can be a contractor or an employee
But what's important is the contract, not what you call them
Determining if a contract is an employment contract relies on a multi-factor test used in most ...
- 226k
12
votes
Employer withholds last paycheck in Virginia
They have exactly zero legal grounds to withhold your last paycheck. From Code of Virginia 40.1:
All employers operating a business shall establish regular pay periods and rates of pay for ...
- 4,930
12
votes
In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?
amon gives a good answer, but let me approach it from a different direction.
Frankly you don't want to be working for a company that wants you gone. Even if they can't get rid of you, they can make ...
- 2,014
12
votes
What 'specific legal meaning' does the word "strike" have?
The term has potentially as many specific legal meanings as there are statutes that use the word. One example is title 29 of the United States Code, chapter 7 (Labor-Management Relations), which ...
- 40.1k
11
votes
Employer failed to report my income or pay taxes. Do I have any rights to file a lawsuit?
Summary
If they didn't steal your withholding, it depends a great deal. But if your employer stole your withholding, the IRS will sue them on your behalf. You will absolutely have grounds to sue them,...
- 994
11
votes
Can employer legally stop paying time & 1/2 to exempt employee after stating in the offer that they would do so?
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 ...
- 111
10
votes
How can a company compel a W2 employee to sign a non-compete agreement?
I assume you are working in the US outside Montana (corporate headquarters is not so important). It depends on how long they are presently required to keep you on. If you have an at-will contract (...
- 217k
10
votes
What are some of the legal consequences of hiring full-time employees as independent contractors?
If someone is being a full-time employee, they legally are an employee (with all the tax etc. consequences). The fact that the company thinks they are hired "on contract basis" and deems ...
- 28.2k
9
votes
Accepted
Employee stopping me from entering my own building
There are numerous practical solutions, such as calling their supervisor, or calling the employee of yours who set up this arrangement, or providing some kind of proof that you are the ultimate boss. ...
- 217k
9
votes
Accepted
When can a lawyer choose what to work on? Must they think they have a chance at success?
I think they called these lawyers "outside counsel", does this mean
they are not part of the same organization so (in theory) their advice
and position is objective and neutral?
Not really. ...
- 239k
Only top scored, non community-wiki answers of a minimum length are eligible