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What legal options do I have here?
It depends on how much you are owed. If it is less than $5000 (in a city court) you can sue them in small claims. If it is more than that, you'll have to sue them in a different court.
Do I have a claim to salary if I quit?
Yes, absolutely. You quitting does not relieve the business of its obligation to pay you for ...
10
Go to know that you live in Washington.
Per RCW 49.48.210, They must give you written notice with their evidence.
Per RCW 49.48.210, section 3, you can (and should) request a review of the employer findings.
Since the employer gave you the money, and you nor they saw any error until now, you may be protected under estoppel (WAC 388-02-0495).
In the ...
9
The New York Department of Labor will investigate claims of withheld wages and withheld wage supplements (i.e., bonuses). The latter is harder to prove, but even an oral promise is something that will be investigated. Note that the NY Labor Department will not investigate claims that are before a small claims court, so it may be the case that you have to ...
8
From mhoran_psprep’s answer on Personal Finance & Money:
Ask for documentation proving the amount they say you were overpaid, and ask for time to review their claim.
If it is a large amount that they can prove you owe, and if you were staying, then you could ask for the repayment to be spread over multiple pay checks. This would avoid the ...
5
Certain kinds of pay secrecy measures are illegal under the National Labor Relations Act, a 1935 law. It's not the strongest prohibition, however, because the consequences of violating it are rather weak (especially compared to other employment claims). Some government entities or contractors are under more stringent rules by executive order, and states may ...
4
Normally the statute of limitations is five or six years (I think it's different between Scotland and the rest of the UK). The reason for the limitation is that if your employer asks for money back, you obviously should be able to defend yourself, for example by proving that you never received that money. After five or six years it is assumed that you wouldn'...
4
In the first instance, employers generally set wages based on the job description: a janitor is paid a janitor's wage and a surgeon is paid a surgeon's even if the janitor is a qualified surgeon. The amount of these wages are, broadly speaking, set by a combination of minimum wage laws and economic market forces.
People get paid different amounts for ...
3
In Texas, as in most of the US, the law is "Employment at Will". This means that an employer is free to fire people at any time, for any reason, or none, as long as it is not for one of the few reason forbidden by law, such as racial or age discrimination.
Hourly employees are entitled to overtime pay in such cases, but "exempt" employees are not. Nor are ...
3
The law is hard to enforce
Lets look at what the law prohibits - paying different rates of pay for the same work based on gender. Does that mean that two workers doing the same work must be paid the same? No, it just means that the reason for the difference cannot be based on gender. For example, one worker may be more productive than the other, or a better ...
3
If you could successfully prove constructive dismissal (you probably could) then you have been terminated and would be entitled to the pro-rata bonus.
Of course, if the company is not in a financial position to pay your wages, it probably can't pay the bonus either.
3
Not a lawyer.
Typically, your employer must pay you your week's pay for any week in which you perform work. An exception to this requirement may be that they can withhold pay for any day in which you perform no work. Also, the employer can make you use vacation or other paid time off for hours not worked on any given day, without crediting them back if you ...
2
This will depend in part on the industry you are in, the terms of the position that and the employment contract you have signed. You may have covenant or some other confidentiality clauses in your contract of employment, so I will not ask you to provide specifics. However, if you do, please be wary of any such obligations.
I'm not a lawyer, but I have not ...
2
It's a fundamental component of the 1935 Labor Relations Act that employees may gather independently to discuss their workplace and their relationship with their employer.
Union organizing is patently protected, and so is everything leading up to union organizing, because for instance if you prevented employees from gathering outside work in the first ...
answered Sep 12 '19 at 22:38
Harper - Reinstate Monica
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2
Seeing as you haven't given any jurisdiction or any industry, I'll just answer with the common law answer: yes.
An employer is at liberty to ask for any information as long as they are not prevented from doing so by law.
They are entitled to use any information at their disposal to calculate a salary offer.
Employment contracts almost always include an "...
2
You should be aware that the law may be a lot more complicated than just "No." There are lots of reasons why the pay differential may be illegal, depending on your circumstances.
For workplace rules in particular, a full answer would require information about what state you work in, as it has its own laws governing pay, as may the city you're working in. If ...
2
I dont want to bring this discussion to a political place.
But one of the explanations of why the gender pay gap exists even though wages are meant to be the same is that it doesnt account for work hours.
That is to say: women in general work less hours then men (e.g. hours lost due to maternity leave, contract hours are less etc) therefore creating the ...
2
I assume you had what is called a Arbeitszeitkonto (work time accounting) - meaning you were allowed to vary the amount of time you worked each day, and your work time was recorded on a time sheet, allowing you to "gain" or "lose" hours each day compared to your regular work time.
In that case, you may have to pay back the money.
There is a long article on ...
2
This is tricky, and I think you should ask a lawyer. The first question is who is the copyright holder. Usually if you get paid to write software for someone, they are the copyright holder. They didn’t pay, but were supposed to pay. Could be they just owe you money, could be you are the copyright holder, could be they owe you money and you are copyright ...
2
None, any or all
There are two related questions here:
Which court has jurisdiction? When a case is brought the first thing a court does is look at the facts and the relevant law (both the law relating to the facts and the law that empowers the court itself) and make a decision if it has jurisdiction to hear the case. In most cases, this is not an issue so ...
2
Federal and Texas Law:
Texas' laws with respect to overtime pay adhere strictly to the federal Fair Labor Standards Act (FLSA). Employees who work more than 40 hours per week are entitled to either 1.5 hours of comp time per extra hour work or 1.5 hours worth of pay per extra hour worked. According to this source, though, the comp provisions are for ...
2
This isn't ambiguous at all.
Article 5, Section 3 means what it says, non-Filipino citizens are exempt to the extent provided. Everyone else (and all income not exempted by Article 5, Section 3 for those with exemptions) is taxed to the same extent it would be if that individual was not affiliated with the Institute.
Thus, Filipino citizens receiving ...
2
If it’s voluntary, it’s voluntary
However, it’s possible that, if it’s always given to everyone who meets certain criteria that it would not actually be considered voluntary, that is, the contract has been varied by the repeated act of always doing the “voluntary” thing. You would have to go to court to make this argument.
1
On the offset I would like to mention that this is not legal advice. This is my two cents on the matter.
Firstly, no, you cannot destroy the intellectual property. Although, I am not sure what is specified in your contract of employment. However, there is a general understanding that while working for your employer under the Copyright Act, 1957, that ...
1
Such a promise is not a contract, and is probably not binding on the employer. However, under the Family and Medical Leave Act (FMLA) your friend should be entitled to unpaid leave in such a case. The act provides that
eligible employees of covered employers [may] take unpaid, job-protected leave for specified family and medical reasons with continuation ...
1
It seems your friend can submit a Wage Complaint form to the Bureau of Labor Law Compliance and have some recourse under section 9.1 of the Wage Payment and Collection Law. If your friend is in the right and the company doesn't follow through properly they could be liable for even more money than what they owe him, though there is also the possibility of a ...
1
There is probably no harm in trying to negotiate it with them by explaining the issue to them (ideally in writing with attachments to back it up). If no agreement can be reached, a lawyer might make sense, but given the relatively low stakes, a lawyer's fees could exhaust much of the amount in dispute and if you didn't prevail that would be particularly ...
1
It's not illegal. That's the law.stackexchange part done.
The part that would belong to workplace.stackexchange: You are of course free to find an open position elsewhere, which should pay you 20% more than their exisiting employees. With your multiyear experience that should be no problem. Do you owe any loyalty to your company? 1. Not after you quit. 2. ...
1
Are there legal grounds for arguing that we deserve equal pay?
No, but there are commercial grounds - you can ask for a rise.
Is it illegal to pay different employees different amounts for the same work, if the difference is not based on a protected attribute like gender or race?
No.
Could we argue that there is a "standard wage" that we are not ...
1
Neither the United States nor California have jurisdiction in Japan. Their laws do not apply.
Japanese laws apply to the Japanese company advertising the Japanese position, when in Japan.
Japan does not appear to have a law banning or restricting requests for previous salary, and they seem common enough that job seekers should prepare this in advance. This ...
1
The problem appears to arise from "Assuming that this is the only legal article encompassing taxation". This item (which I assume is some aspect of law in The Philippines, is not the only word on taxation, as you can see here. Section 24 of the tax law imposes an income tax on individuals; application of the income tax requirement differ as to citizen vs. ...
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