Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
922
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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 ...
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11
votes
3
answers
8k
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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 ...
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4
votes
1
answer
189
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In 2013, many news sites reported that a US programmer (Bob) outsourced his work to a company in China. Isn't that illegal?
If you don't know, I'm talking about this:
https://www.cnn.com/2013/01/17/business/us-outsource-job-china/index.html
NPR and BBC also reported on this.
From what I've read, Bob only got fired by his ...
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1
vote
1
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148
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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 ...
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-3
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1
answer
95
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Can a 13 year old sole trader employ someone in the UK?
Could a 13 year old sole trader employ someone assuming that they can afford to do so?
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0
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1
answer
74
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UK Employment Law Regarding errors in employment process and contract [closed]
So I applied for a job that was ranged from mid level/senior with me applying for the senior position with the appropriate salary.
I got through all stages of interview and was hired, but when I got ...
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1
vote
1
answer
112
views
Such a thing as a bankrupt law
The early 20th century folk song "On the Trail of the Buffalo" tells the story of some cowboys employed by a drover to run buffalo. In Woody Guthrie's 1945 version (video / lyrics) we have ...
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0
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1
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95
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Can an employer determine benefits eligibility based on home address?
Say someone lives in county A, which is in the same state as county B. The Employer, based in the same state as both counties, offers different health insurance plans to someone living in county A ...
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6
votes
2
answers
3k
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Are developers data processors?
This question is inspired by this other question: What are an employed/contracted software developer's responsibilities under the GDPR?
I wanted to understand more precisely the concept of a data ...
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1
answer
102
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Implications of subversive harassment [closed]
What are the implications of causing someone distress in some subversive fasion to the extent that they quit their job, get a divorce, run away, leave my establishment, or begin to cause defimation?
...
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1
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2
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199
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What are an employed/contracted software developer's responsibilities under the GDPR?
This is prompted by this question but that is rather complicated by the technical details. Suppose the following hypothetical:
Alice is a software developer for Bob Inc. perhaps as a normal employee, ...
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1
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0
answers
419
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California: loss of vacation time after conversion from PTO to FTO
A few years ago, my employer implemented a flexible time off (FTO) policy where there's no predefined limit to the amount of time you can take off; you just need to get agreement from your manager ...
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-2
votes
1
answer
91
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Q: Age discrimintation?
Q: Age discrimination?
Can a federal employer post a job opening without mentioning anything about age requirement (between the ages of X-Y at the start of the position)? Adding equal opportunity ...
2
votes
2
answers
187
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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 ...
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2
votes
1
answer
291
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Is there any requirement to provide a physical payslip on request in Germany?
Currently my employer requires employees to log-in to a website to download our monthly pay-slips. I find this frustrating as I receive no notification that a new payslip has been generated, and must ...
- 323
1
vote
1
answer
129
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Can a person agree not to disclose how their employment ended?
Can an employer fire an employee without cause and tell them that the reason for his departure from the company is strictly confidential? What if it's part of a settlement agreement? For example if ...
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3
votes
1
answer
52
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Pay Transparency Law broken by company that hired me in Connecticut. Any recourse? [closed]
Short Version
Applied to a company, got hired for a below average salary for my profession, realized they broke a law by not disclosing the salary range for the position. Can I do anything about it?
...
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3
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0
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458
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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 ...
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0
votes
1
answer
49
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USA Employment Law: Job Search with Moonlighting
I am a Software Developer contractor but I also want to have my own side-hustle business. This side hustle business might contain programming, research or developing new software products. However, it ...
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1
vote
1
answer
293
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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 ...
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0
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1
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68
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Can a government lawyer's duty of loyalty be ended in Canada?
I assume the following:
A lawyer employed by the Government of Canada (GC) has an attorney-client relationship with GC.
The "attorney" is the lawyer, the "client" is "...
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4
answers
927
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Are anti-piercing (like a nose ring) rules by employer sueable?
I suppose employers can enforce dress codes, but they also can't obviously discriminate against people who have piercings or tattoos. So, what's the line here? If an employer requests an employee to ...
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28
votes
2
answers
5k
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Why are Hollywood studios permitted to collectively bargain with employees, and what are the limits of this apparent antitrust exemption?
Employers are generally not allowed to coordinate in any way which limits the normal competition for employees. Further, trade associations are not generally permitted to act in ways which would ...
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0
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138
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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
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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 ...
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1
vote
2
answers
140
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Question Concerning Responding to Employer of Minor Daughter Paid Under Minimum Wage [closed]
My high school daughter worked for about a year for an employer who owns a tutoring company in our town. Due to friction between my daughter and the employer, my daughter recently quit but she ...
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votes
1
answer
300
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Can companies use code that I wrote during a coding interview in their products?
Suppose a company's programmers are struggling to code a portion of a complex program. HR orders the questions of an upcoming interview to be replaced with that of the unfinished complex program. It ...
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3
votes
1
answer
367
views
Can I opt out of UK Working Time Regulations daily breaks?
The Working Time Regulations 1998, PART II, Regulation 10 says
Daily rest
10.—(1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during ...
- 133
1
vote
0
answers
163
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Tuition Reimbursement - No signed Clawback Policy
I have worked for my current employer for 18 months and have been in grad school the entire time. I read the Employee Handbook the first day and honestly do not remember if or what was included in the ...
1
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0
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504
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What is the legal age of retirement in IT companies in India
I am aware that retirement age for government employees in India is 58.
But what is the legal retirement age in IT/Software companies in India?
If someone wants to work till 70 ( assume he is fit &...
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1
vote
0
answers
63
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Unwanted TUPE Transfer
Suppose that Law Firm A has a team of solicitors dedicated to Client X. Client X decides to procure from Law Firm B instead, and there is a service provision change under TUPE. The team of solicitors ...
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0
votes
0
answers
46
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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 ...
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2
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108
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Does running your own limited liability company constitute employment? [closed]
What exactly is "employment"? Does running my own limited liability company (GmbH or similar) constitute "employment"?
I am asking this because my (Swiss) employment contract (...
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28
votes
2
answers
13k
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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 ...
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1
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81
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can i write in my portfolio about a critical security bug in my last job? [closed]
I want to write about how i found a critical security bug when i was working at a company. Am going to stop working there in about a month and was just updating my portfolio with the things i did ...
- 141
4
votes
1
answer
437
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 ...
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2
votes
1
answer
133
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What rights does a German works council have with respect to a longterm unfilled position?
Situation, a department head left the company. The company is looking for a replacement by advertising the position and hiring a head hunter. Unfortunately this didn't work out (so far) and the ...
- 3,580
3
votes
1
answer
233
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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 ...
- 131
16
votes
7
answers
9k
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Can you be fired for refusing to lie?
If your employer asks you to lie about something, and telling the lie is legal, but you refuse on moral grounds, can they fire you? Does it matter if religious beliefs are involved? (For example, if a ...
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31
votes
2
answers
10k
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In the US, why are companies giving big "let go" package to people they want to let go?
It is shown in movies and is probably true, such as in the movie Jobs about Steve Jobs, that when he came back to Apple as the CEO, he found out who was not productive or who were probably not inline ...
- 567
1
vote
2
answers
111
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Deduction of relocation payment from last paycheck of terminated employee [duplicate]
Can an employer deduct the payment of relocation expenses from the last paycheck of a terminated employee in Illinois?
Assume the employee is being terminated before the time period specified in the ...
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4
votes
0
answers
93
views
As an employee who is paid hourly, how much should be paid to pick up a common supply a any store anytime before shifts?
An employee works at a banquet hall or something similar. Often he is told to pick up ice from a store before work and bring it. He is reimbursed for the ice but not compensated for his time. ...
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2
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0
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39
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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 ...
- 4,171
3
votes
1
answer
115
views
difference between work and contractual obligations
In an employment contract, what is the difference between "the course of work" and "performance of contractual obligations"?
For example, in the Swiss Code of Obligations:
Art. ...
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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?
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2
votes
1
answer
48
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Can an employee use an employer's market research subscription to conduct due diligence for IP?
If an employee uses "company resources" to develop IP, then the employer owns said IP. However, what is the scope of "company resources" and "development"? Hypothetically,...
- 21
0
votes
2
answers
69
views
Subsequent violation for late paychecks in California
Due to a paperwork error, a California employer stops issuing paychecks, and this isn't observed for five months (while the employee's work proceeds). At the time the employee informs the employer of ...
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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 ...
- 4,171
13
votes
3
answers
5k
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In Ratatouille, did Linguini have a legally legitimate reason to fire Skinner?
In Ratatouille, when Linguini took over Gusteau's by proving he inherited the restaurant, Skinner seemingly lost his job. Was there legal precedent for Skinner to lose his job; would Skinner hiding ...
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13
votes
1
answer
4k
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Fired (seemingly) for finding paycheck inconsistencies. What kind of legal recourse might exist?
Not me, but a friend.
They found some paycheck inconsistencies for them and a bunch of other employees, and asked about it. The response from management was "oh, oops. We'll fix it"
A few ...
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