75 votes
Accepted

Is it illegal to infringe copyright if your boss or your client ordered you to do it?

There are two parts to copyright liability: civil and criminal. TL;DR: both cases are criminal offences, and it is illegal to break the law even when you are paid to do it. In the USA criminal ...
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  • 12.2k
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, ...
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  • 8,050
28 votes

What are the rules on businesses that wish to only hire attractive females?

You might find the legal concept you're looking for is that of a Bona Fide Occupational Qualification (BFOQ). I am probably glossing over some subtleties but my understanding is that you can ...
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  • 4,075
28 votes

Is it illegal to infringe copyright if your boss or your client ordered you to do it?

I'm in the UK. I have been put in both these scenarios in times past. For the first I stood up to the boss and point-blank refused to do it, giving reasons. The atmosphere was tense for a couple of ...
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  • 389
18 votes

Contract issue (Austria/EU Law) backdating start date of work

Given that they told me I would get back pay and I worked conditional on that information, am I entitled to it? You are entitled to backpay in accordance with the terms you accepted from HR. The ...
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15 votes

Allowable Discrimination For Jobs

In england-and-wales there is no legal requirement, in the private sector, to advertise vacancies and employers can recruit whoever they choose as long as they do not commit unlawful direct or ...
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  • 23.2k
12 votes
Accepted

Could I apply for a job at Hooters with the intent of suing for a settlement when they don't hire me?

If Hooters could prove that you never intended to accept the job, that would establish that you did not suffer any damages. You might also be charged with having abused the process of the court, and ...
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  • 98.1k
9 votes
Accepted

Can I ask a potential employee if they are colorblind?

If being able to distinguish colors is a bfoq - Bona Fide Occupational Qualification - then you may ask about it or test it and disqualify people from hiring based on the results. In fact, a Jury ...
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  • 16.2k
8 votes
Accepted

Would it be by US law a discrimination to limit a job offer by IQ?

IQ level is not a protected class and so using it to discriminate between job applicants is not illegal per se. However - in the U.S., studies have shown that self-identified blacks score around 15 ...
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  • 4,075
8 votes

Is employer responsible for tree damage to car parked in their lot (New Jersey, USA)?

Probably not In order to establish negligence as a Cause of Action under the tort of negligence, a plaintiff must prove that the defendant: had a duty to the plaintiff, breached that duty by ...
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  • 158k
7 votes
Accepted

Why the German "Agentur für Arbeit" would oficially support companys acting against German law?

What §670 BGB basically says is that the default is that companies have to reimburse you for expenses that you incurred for interviewing with them. If they don't want to reimburse you, they have to ...
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  • 244
7 votes

Could I apply for a job at Hooters with the intent of suing for a settlement when they don't hire me?

To file a lawsuit, you'd need to fulfill the proper BFOQ of the job offer that have been listed with the job offer. These can and will in some cases include gender or looks, especially in modeling. A ...
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  • 16.2k
7 votes

Allowable Discrimination For Jobs

Up to then I'd assumed that custom & practice processes like: Your assumption is just plain wrong. Businesses are free to run their affairs in whatever way they deem best (within normal legal ...
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  • 1,149
6 votes
Accepted

Is it legal to deny a priest a job because he's atheist

Yes: It is legal to deny someone a job as a priest because he is an atheist. Churches are allowed to discriminate in employment based upon religion. See, for example, the EEOC compliance manual. This ...
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  • 140k
6 votes
Accepted

Can I refuse to integrate google/Facebook trackers on a website?

You do have freedom of conscience but you do not have a blanket right to refuse work you were ordered to perform. You have to perform work you were ordered to perform. If you refuse, you can get an ...
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  • 18.2k
6 votes

Can an employee be sued for gross negligence by reusing personal passwords at work?

Firstly: that depends on the jurisdiction. It might not even be possible at all for employers to attempt to sue their own employees for damages caused by negligence. Even terminating an employment ...
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  • 161
6 votes
Accepted

Working more than the yearly limit as a foreign student in Germany

The DAAD has published a summary of the legal constraints when working as a foreign student in Germany. While the document is only available in German, it is complete and rather authoritative. I ...
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  • 18.2k
6 votes

Non FDA approved Covid vaccine required by employer

There are, as far as I know, no "FDA-approved" vaccines against covid in the US. The FDA has given Emergency Use Authorization to some vaccines. This does not currently include the Johnson &...
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  • 165k
6 votes

Allowable Discrimination For Jobs

Laws on such matters vary. Countries in South America, say, are likely to have different laws than the US will. Indeed Canada's employment laws differ significantly from those of the US. There are ...
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  • 98.1k
6 votes
Accepted

Terminated without cause. Do I have a claim for unjust termination or toxic work environment?

No First, there does not appear to be unlawful discrimination: there is nothing to suggest that you are a member of a protected class and were terminated because of that. Second, you were given no ...
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  • 158k
6 votes
Accepted

Company pays employees corona bonus for the previous year, but I've quit in January

Not likely The company decided to pay the bonus on a certain date. They most likely announced that everybody that is part of the company on a certain date in 2021/2022 [and who has worked at it for a ...
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  • 16.2k
5 votes

Employee intimidation

Not very nice of the employer, actually quite cowardly. Being not nice and cowardly is not against the law. Being in the EU, and having been employed for ten years, the company will have duties to ...
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  • 26.3k
5 votes

Can I take a picture of my company server room and post it on Facebook?

The real question isn't whether there is a law, but whether you want to keep your job. If you want to do something that you believe will affect your company negatively, and you ask whether it's legal ...
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  • 26.3k
5 votes

Can my boss promise a job to someone before posting it?

There are two kinds of evidence for discrimination. The primary evidence is direct, that is, statements by an employer, for example "We need to make sure not to hire a ___ for this position". The act ...
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  • 165k
4 votes
Accepted

Salary gaps in public sector (not due to discremination)

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 ...
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  • 158k
4 votes

Do I have the right to get a copy of the source code I wrote during an internship? (Germany)

According to German Law (§ 69b UrhG), the employer acquires the copyright on the software, if writing the software was the purpose of your employment (ie. you were hired as a software developer and ...
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  • 609
4 votes

Noncompete agreement - Esthetician

Such a clause must be presented before or at the same time the offer is made. The (somewhat new) law NH RSA 275:70 says Any employer who requires an employee who has not previously been employed ...
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  • 165k
4 votes
Accepted

Meaning of the term causal nexus?

"Nexus" means "connection". A "causal nexus" in this context is a connection that causes harassment at work. There isn't any bright line dividing behavior on personal term that does or does not meet ...
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  • 140k

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