All Questions
Tagged with employment united-states
267
questions
0
votes
2
answers
73
views
O1 Visa work contract with German employee
In context of an O1 Visa
Given the employer/employee relationship between the US company and the employee in a different country, in this case Germany
How would the contract look? Would it be a US ...
14
votes
4
answers
3k
views
In the US, are employers liable for torts caused by their employees working from home
I WFH and today I had a meeting that ran way over time and I had to pick up my kid from school. I didn't want to miss the rest of the discussion and wanted to push back on one issue, so threw my ...
1
vote
1
answer
112
views
How do I answer an application question about being convicted of a crime?
Applications for jobs, etc. ask I have any arrest or conviction. I was arrested and convicted, but it was thrown out on appeal. My record is clear of any conviction. Must I report it on the ...
2
votes
0
answers
74
views
In the US, what has been the general outcome of COVID-19 vaccine-mandate litigation?
Recently, a friend informed me that he knew someone who had won a lawsuit, with a large award for damages, against his employer, which I believe was a private company, because he was dismissed for not ...
-4
votes
1
answer
269
views
Can sexual consent be required to enter a building?
First off, and this should be assumed, but IDs are checked and all people entering are of age.
Now, there are technically two questions I'm asking.
The first: is it legal in the United States for ...
0
votes
1
answer
105
views
Can you check references without permission?
Self explanatory. We interviewed a candidate, they listed references, we'd like to call them and we need to know if we need their permission.
We're remote and based across multiple U.S. states, but ...
0
votes
1
answer
119
views
Is it legal in CO to work as a caregiver and not receive pay since Jan 31, 2024?
I'm a caregiver and my employer has not paid me for over 300 hours of work, including overtime. My employer says once they get paid from the state for my client's home care then I will receive back ...
23
votes
5
answers
34k
views
Deleting Software I Wrote Upon Leaving Employment of a Company
For some context, I live the US, in an at-will state, and there's no employment contract involved.
When I was younger, I worked at a warehouse doing inventory-related activities as an hourly employee ...
0
votes
1
answer
169
views
Do US companies have access to check out their job applicants immigration status?
I am wondering do companies in USA have access to a database to check out if a job applicant has US Green Card or not?
I saw on USCIS website that says if you want to check someone's immigration ...
6
votes
1
answer
117
views
What if someone goes on protected leave and their employer thus realizes they don't need them?
Say that Ash works for Big Co. and goes on some kind of legally protected leave (FMLA leave, parental leave, etc.) because of some protected characteristic (such as having acquired a disability and/or ...
-6
votes
1
answer
270
views
Is there any chance I could get in legal trouble if I respond to a job rejection email like this?
“Good morning,
Thank you for your application for our Entry Level Sales Position. We appreciate your interest in joining our company (NO YOU DON'T, OR YOU WOULD HAVE HIRED ME), and we are pleased that ...
3
votes
2
answers
262
views
Work-for-hire unpaid: who owns the IP?
Suppose X is a software developer, the only employee of sole proprietor Y.
The contract is oral, "build an app like (famous app), earn $wage per week". Laws breached by this are outside the ...
6
votes
1
answer
530
views
Which type of attorney should I consult for a complex case involving employment, contract, and IP law?
This question concerns another Stack Exchange question: https://workplace.stackexchange.com/questions/195267/agreement-made-at-hire-is-unenforceable-due-to-a-technicality-employer-refuses
What type of ...
-4
votes
1
answer
165
views
Why is per country cap for employment based immigration gcs not illegal?
I have a minor son who is a legal us citizen but I am on h1b with valid I-140 for the last 8 years. In case of job loss where I have to leave the usa, he will have to go thru the tough choice of ...
0
votes
2
answers
82
views
Overdue Business Expenses [USA] [closed]
Based in NH. Been with the company for 7 years.
I have quite a large outstanding business expense (over $20k) with my employer, and there is no sign of it being paid off any time soon despite being ...
0
votes
2
answers
138
views
Employment in the US while permanently living in the EU?
Apologies for a somewhat simple language for this community.
I'm a US citizen, legally residing in the EU on a permit. I have never worked in any way in the US and do not have a permanent home there. ...
1
vote
0
answers
128
views
Is it illegal to restrict types of shifts available to women?
The scenario I'm imagining is a part-time job, where there's no sex discrimination in the actual hiring based on sex, but the type (and possibly) quantity of shifts available is restricted by sex. ...
7
votes
1
answer
270
views
Can an employee be fired for planning to take FMLA?
In the US, Family and Medical Leave is protected by federal law. Part of the provisions is that you cannot fire an employee for taking FMLA.
Presumably, if an employer was malicious, they would ...
11
votes
3
answers
8k
views
Do companies have the legal right to reduce your salary?
Let's say you signed an "At will" employment contract. And then lets say the company you work for has a 30% reduction in revenue. Can the company just reduce everyone in the company's salary ...
1
vote
1
answer
146
views
Lapse in Coverage By Becoming Disabled From a Pre-Existing Condition at a New Job?
In the US, most job-based health insurance plans include a stipulation which references the pre-existing condition exclusion period:
The time period during which a health plan won't pay for care ...
2
votes
2
answers
187
views
Are pledges I made in a job interview binding?
Among some "pro" tips shared in my neighborhood for desperate job seekers is the myth that promising to never unionize drastically improves the chance of landing on a job. If one were to ...
3
votes
0
answers
456
views
Did Elon Musk have a legal justification for firing CEO Parag Agrawal for cause right after closing the Twitter deal?
According to Walter Isaacson's new biography of Elon Musk, immediately after closing the deal that took Twitter private, Elon Musk's assistant delivered letters of dismissal to the Twitter CEO and ...
1
vote
1
answer
262
views
Can ex-employer ask/require in a severance agreement that if I plan to disclose information about the severance agreement, I must tell them first?
Can a severance agreement ask/force an employee to inform the ex-employer if they plan to disclose the severance agreement?
My understanding is that the National Labor Relations Act allows me to share ...
0
votes
0
answers
136
views
Can a truck driving company (USA) use an outward facing camera as an inward facing (in-cab) camera without driver's consent/knowledge?
Trucking company has outward facing cameras which drivers are aware of. However, no official company (written) policy was provided about the outward facing cameras recordings, usage, or storage. Now? ...
1
vote
1
answer
73
views
If one loses their job while outside the US, is their worker visa immediately revoked?
Suppose a foreign citizen was working in the US on a non-immigrant worker visa. While they were enjoying their summer break outside the US, they receive an email noting that he had just been ...
0
votes
0
answers
45
views
What laws define resident and employee rights and protections on federal land, esp. administered by the National Park Service?
How do you look up which laws apply to people who live, work, operate businesses, etc., on a particular parcel of U.S. federal land, especially on land administered by the National Park Service?
How ...
28
votes
2
answers
13k
views
Is my employer allowed to make me work without pay?
As the title says: A coworker and I had recently made a mistake at work. In response to this, our manager decides we have to work for two extra hours on our next shifts unpaid. Is this legal?
I work ...
4
votes
1
answer
434
views
Is it legal for employers to charge for training if you leave too soon?
Apparently, some employers are requiring new employees to sign a contract that says, “We will provide training. You must work here for at least N months. If you leave before that, you will have to pay ...
3
votes
1
answer
232
views
Contract work - is signing an offer before seeing the contract binding?
I'm new to working as a contractor, and have just been offered a contract-to-hire position through a contracting company for a specific client. Notably, I have not seen the actual contract I would be ...
2
votes
0
answers
39
views
When are companies allowed to discriminate based on age, sex, race, religion, sexuality, etc.? [duplicate]
I'm pretty sure that, at least in California, there are anti-discrimination laws in place, and you can't just not hire someone because they belong to X protected class.
But on the other hand, there ...
1
vote
2
answers
177
views
What are the requirements for the Catholic Church to file an EEO-1 report?
Is there a requirement for the Catholic Church to file an EEO-1 Report?
1
vote
3
answers
223
views
Religion is a "protected class" in California. Does that extend to things like homophobia/transphobia due to religion?
In California, I'm pretty sure employers aren't allowed to discriminate based on religion (e.g. you can't not hire someone just because they're Jewish). In other words, religion is a "protected ...
3
votes
1
answer
188
views
Can an employee sue their employer for retaliation in the United States even if the employee didn't report the discrimination to their employer first?
Suppose an employee, Jane, works for a company in the United States and experiences discrimination or harassment from a supervisor or coworker. Jane is afraid to report the behavior to her employer ...
0
votes
0
answers
272
views
Can Iranians get a visa to work in the US?
I have seen this and this discussing similar topics, but my question is a little bit different: Can Iranians get a visa (probably H1B) to work in a company (e.g., Google or Amazon) in the US? I think ...
13
votes
3
answers
5k
views
Does a tenured professor whose salary was set to 0 have a case for constructive dismissal?
See https://www.ams.org/journals/notices/202302/rnoti-p196.pdf?adat=February%202023
The head of the Purdue math department set a tenured professor’s salary to 0. This seems very strange to me and I ...
3
votes
3
answers
144
views
Is it illegal to warn employees about workplace harassers if the company doesn't want you to?
I was sexually harassed at my previous job. I filed a complaint to the company, but they downplayed and dismissed it. I've heard that workplace harassment cases are hard to win, and I didn't think I ...
1
vote
2
answers
173
views
Are US employees able to work remotely while abroad?
There has been an increase in employees working remotely while abroad, especially during/after COVID. Sometimes without telling their bosses. Is it legal for US employees to work (for a US company) ...
1
vote
1
answer
213
views
Multiple remote or work from home contract jobs on H1B status in US
Mr.X is on H1B status with Company A. Company A pays Mr.X regular monthly salary, as standard H1B Employer/Employee relationship.
Mr.X actually works as a Contractor for an end client, let's say End ...
0
votes
0
answers
40
views
What kind of employment protections do freelancers and subcontractors have?
Many companies hire independent freelancers and subcontractors for their specific expertise. However, they're not really "employees" of the companies that hire them. What kind of rights/...
2
votes
1
answer
202
views
Should an attorney that's reviewing employment contracts be licensed in the same state as the employer?
I was recently offered a new job. The company is fully remote and is based in California; however, I live in a different state.
I want to get a Contract Review attorney to take a look at the ...
3
votes
1
answer
187
views
Is a firm required to arbitrate disputes arising after the expiration of employment contract?
Suppose an employee is hired by a firm for a period of one year. After the first year the employee may continue working for the company, until terminated, as an at will employee (For simplicity, let’s ...
5
votes
1
answer
208
views
Is there a prohibition on asking whether someone has historically been arrested on job applications?
It is common knowledge that many companies ask whether or not someone has been convicted of a felony on job applications. However, as a matter of curiosity, since someone arrested but found not guilty ...
4
votes
1
answer
830
views
What is the legal ramifications of refusing a polygraph?
If an employer puts it in the work contract that they may require a polygraph (either to gain employment or keep it) can I refuse?
The relevant statutory body regarding polygraphs in the US mentions ...
5
votes
2
answers
316
views
Does the Civil Rights Act prohibit "unnecessary" college degree requirements?
Many jobs require applicants to have a college degree, when the skills developed at college are not necessary to do the job, and the degree is not required to be in any particular field.
In Griggs v. ...
1
vote
0
answers
62
views
Do the Federal or California WARN acts apply to the situation at Twitter?
There have been mentions in the news regarding both Federal and state laws requiring a 60 day notice for “mass terminations” might apply to actions at Twitter.
It has been widely reported that 50% of ...
8
votes
1
answer
1k
views
Would staggered layoffs circumvent the WARN Act's protection against mass layoffs?
The U.S. federal Worker Adjustment and Retraining Act (WARN) states that employers with 100 or more employees must provide at least 60 days advance notice before a mass layoff affecting 50 or more ...
19
votes
6
answers
9k
views
Is there anything illegal about working for another party while on paid leave from one's job?
Meet Bob. Bob has 20 days' paid leave from his work. When he is taking this time off and being paid for it, is there anything wrong with him doing other paid work for another person or company?
4
votes
1
answer
46
views
Can an employer REQUIRE a foreign W-8 sub-contractor to have a US/stateside bank account for the employer to submit payment for services?
As an employer receiving services from a foreign individual (W-8BEN completed), can the employer require the W-8 employee to have a US bank account to send their contracted payroll?
I don't think that ...
-6
votes
2
answers
272
views
How can I legally avoid recruiting a specific nationality/ethnicity?
Suppose I have a tech company and I don't want to recruit people of a specific nationality (say, Hungarian) or ethnicity (say, East Indian).
Is there any legal way to do that?
11
votes
1
answer
3k
views
Can English accent be part of discrimination?
Suppose, a tech company in the USA uses AI software to test if a candidate has a certain accent (e.g. standard American accent, Southern British accent, etc.). The candidate has to attain a certain ...