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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 ...
David Wolf's user avatar
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 ...
Eugene's user avatar
  • 2,122
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 ...
KayZee's user avatar
  • 21
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 ...
BakedAlaska624's user avatar
-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 ...
Henry Williams's user avatar
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 ...
Test's user avatar
  • 563
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 ...
Angela Cook's user avatar
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 ...
zelarian's user avatar
  • 332
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 ...
user3486308's user avatar
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 ...
interfect's user avatar
  • 3,511
-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 ...
Neal's user avatar
  • 1
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 ...
Therac's user avatar
  • 2,948
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 ...
AtomicAcorn's user avatar
-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 ...
GBasu's user avatar
  • 1
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 ...
Don't Tell My Boss's user avatar
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. ...
qugu's user avatar
  • 3
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. ...
Radvylf Programs's user avatar
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 ...
Consis's user avatar
  • 1,394
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 ...
user55665484375's user avatar
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 ...
Yos233's user avatar
  • 113
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 ...
quv390220's user avatar
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 ...
dan's user avatar
  • 131
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 ...
abaines's user avatar
  • 111
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? ...
Bonita Nut's user avatar
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 ...
ve74060's user avatar
  • 11
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 ...
wordsworth's user avatar
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 ...
Cdoy's user avatar
  • 283
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 ...
SegNerd's user avatar
  • 5,163
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 ...
mathrick's user avatar
  • 131
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 ...
chausies's user avatar
  • 4,171
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?
Patty's user avatar
  • 11
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 ...
chausies's user avatar
  • 4,171
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 ...
Velma's user avatar
  • 648
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 ...
Tail of Godzilla's user avatar
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 ...
user48703's user avatar
  • 139
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 ...
adachoi's user avatar
  • 31
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) ...
cine's user avatar
  • 143
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 ...
Bob Esty's user avatar
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/...
cine's user avatar
  • 143
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 ...
drrobert's user avatar
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 ...
S.O.S's user avatar
  • 601
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 ...
dreamforge's user avatar
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 ...
Neil Meyer's user avatar
  • 5,057
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. ...
sjy's user avatar
  • 9,306
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 ...
George White's user avatar
  • 12.8k
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 ...
Stevoisiak's user avatar
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?
JosephCorrectEnglishPronouns's user avatar
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 ...
Rachel G's user avatar
-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?
user366312's user avatar
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 ...
user366312's user avatar

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