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All Questions

39 questions with no upvoted or accepted answers
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
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
3 votes
0 answers
83 views

Is an employer rule mandating face coverings on their grounds enforceable even when employee is off work?

My employer (a private college in the US state of Maine) has a new rule mandating face coverings for employees, including in outdoor settings on their campus. The campus is open to the public to enjoy ...
Interested Party's user avatar
3 votes
0 answers
337 views

Can my employer expend more of my PTO than is necessary to meet 40 hours?

I am an exempt employee. A few weeks ago, I worked worked a lot of hours between Monday and Thursday due to a project deadline. I had already planned to take off the day on Friday and informed my ...
Pyrotechnical's user avatar
3 votes
0 answers
393 views

Volunteer work while on F1 visa in the USA

Can an F1 international student in the United States who is employed 20 hours per week as a teaching assistant or research assistant perform some volunteering work that potentially grant him/her some ...
Franck Dernoncourt's user avatar
3 votes
1 answer
345 views

Can typical US employers legally fire green card holders for refusing to apply for naturalization?

8 USC §1324b(a)(3)(B) makes it illegal for employers to discriminate against permanent residents, unless said permanent residents have failed to apply for naturalization within 6 months of becoming ...
Brian's user avatar
  • 1,520
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
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
2 votes
0 answers
65 views

Evidentiary presumptions of gratuitous labor from family caregivers, varying by state?

Quoting from Claims Against an Estate for Care Rendered to a Decedent: Many states have an evidentiary rebuttable presumption that services rendered to a family member are gratuitous in nature, so ...
lionel's user avatar
  • 121
2 votes
0 answers
90 views

Is there a difference in "termination of employment" qualifying event trigger between group health insurance and 401(k)?

My job uses a Professional Employer Organization to handle payroll and benefits. This is a coemployment relationship, not temp/staffing, nor subcontract. The PEO is the issuer of my W-2 and listed ...
Ben Voigt's user avatar
  • 204
2 votes
0 answers
113 views

(NC, USA) Employer promised in interview (and verified by email) that time off was paid. Now saying it isn't after I came back

This actually happened to my wife but she's under too much stress to deal with it and I'm not a citizen so I'm less sure what to do. Timeline: In October she did an interview, having already booked ...
Pepe Silvia's user avatar
2 votes
0 answers
481 views

Can Canadians who are professional actors come to the U.S. for pleasure (non-work)?

My friend is a Canadian actress (who I also represent) and she was just wondering if it's possible that she can come to the U.S. like any other Canadian might for "pleasure" or the usual 6-month stay ...
Ske Beeplls's user avatar
2 votes
0 answers
44 views

US work authorization laws for non-resident aliens

Say I was offered a job by a US corporation, but I would remotely from a different country. Do I need some sort of work authorization or documentation before can I commence work? Will I be required to ...
Dirichi D Ike-njoku's user avatar
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
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

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