Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
922
questions
0
votes
1
answer
97
views
In California, do people still get benefits if they got terminated earlier than the date that they gave?
For example, Sam gives notice to his boss, saying that he is moving out California soon, so Sam decided not to come to work after 2 weeks. After that notice, his boss started finding people fit Sam's ...
2
votes
1
answer
186
views
Is it safe to talk about ideas that I have not patented yet over public email?
I have an idea with which I may someday make a startup. I can talk about it with experienced people, over public emails for example. However, I wonder if from patent point of view this is safe. My ...
- 230
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 ...
- 648
1
vote
1
answer
1k
views
UK - Can a company ask employees to attend meetings on their own personal time, during normal work hours?
The meetings are training sessions for software that we use in our day to day, discussions about best practices, talking about learnings from a project etc. So not directly chargeable to a customer.
...
- 113
-1
votes
1
answer
114
views
What is the legal definition of a day of pay for someone on an annual salary?
Background:
A friend of mine was recently let go from a job. They negotiated for their notice period plus 8 day's pay (the 8 day's pay was called a 'termination award' in the payslip). The job was 5 ...
- 11
0
votes
1
answer
54
views
How are multiple and/or clauses in contracts interpreted?
If a contract includes multiple and/or statements, how are these generally interpreted?
For example when defining the competing fields in a hypothetical non-compete clause as
in the field of ...
- 3
0
votes
0
answers
279
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 ...
- 101
2
votes
0
answers
113
views
Is an employer required to provide full time sign interpreters to mute employees?
I visited a retailer and went through the self checkout till where I was assisted by a mute employee, who communicated with me through a sign interpreter whose job seemed to be to shadow and ...
1
vote
1
answer
42
views
Leave provisions for part-time employees in Australia
What is the basis for the Fair Work Ombudsman's assertions that both:
part-time employees entitlement to leave is pro-rata, according to total hours of service as compared to full-time employees, and,...
- 153
1
vote
1
answer
472
views
Can a company own intellectual property created off the clock?
In an employment agreement, can a company claim intellectual property created off the clock unrelated to your their core business?
Specifically if their core business is in a narrow domain of software,...
- 2,189
0
votes
2
answers
151
views
Can a contract clause really stop me from developing something in my own time [duplicate]
My contract states the below:
I assume this means, even things i make in my personal time would belong to the company?
I wonder how enforceable that really is as that would suggest that they would be ...
- 1
2
votes
1
answer
556
views
Can salaried employees be forced to attend meetings without being able to charge the time?
Background: I work in Maryland
I am a salaried employee; however, I am required to fill out a time card in order to specify which hours are worked on which contract, and am required to work a minimum ...
10
votes
3
answers
474
views
Work time when unable to work due to power outage (germany)
I'm working in an office space where I don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers).
We had a power outage due to a ...
user48892
3
votes
1
answer
252
views
Is a US company obligated to lay off visa holders first over citizens?
With the current big tech firing frenzy I'd like to know if a US company must prefer the US citizens over working visa holders during mass lay offs?
Let's say if there are 2 software developers but ...
- 327
-1
votes
1
answer
108
views
Is there a general definition for "with good manners"?
Is there a general definition for "with good manners"?
Like it's used e.g. in relation to termination of employment relationship.
The Finnish employment law for example states that ...
- 141
3
votes
1
answer
169
views
If the employer tells me via text message that I will be paid 2 weeks of severance, how much obligation is he under to fulfill that statement?
If an employer promised me in informal writing (text message) that I was owed 2 weeks of severance pay and then fails to pay me or present me with any formal contract, is he under any form of legal ...
- 163
1
vote
2
answers
108
views
Can a person work for free in a country with a minimum hour rate?
In some countries there is a minimum hourly rate for an employee, given by law.
In a hypothetical scenario, Mr. David intends to work for a company for free for a certain amount of time, either to get ...
- 21
1
vote
3
answers
200
views
What does leaving a company imply in legal speak? Does it mean termination or quitting a company?
I specifically refer to this example:
You will receive a $***** relocation bonus. In the event that you
leave within 12 months of your hire date, you will be
responsible for reimbursing the company ...
- 163
0
votes
2
answers
42
views
Location of legal entity and location of employment [closed]
Context:
A company BE-Best has its headquarter in US, and legal entities in EU countries A, B and C.
An employee living in country A got job at BE-Best and contract in the county A. After some time ...
- 103
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 ...
- 139
3
votes
3
answers
145
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 ...
- 31
0
votes
1
answer
169
views
Can a professor be fired for lying about a student breaking the rules? [closed]
So let's say a professor at a college knowingly lies and tells the administration that a student did something that got the student expelled. Say administration found out the professor lied. Would ...
0
votes
1
answer
129
views
After employing the services of an 'architect' then later finding they are not a registered architect, can the contract be cancelled? (UK)
Alice hires Bob to do architectural work and refers to him as an architect once verbally and once in writing. Bob does not correct her.
Bob never actually calls himself an architect nor advertises ...
- 147
1
vote
2
answers
177
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) ...
- 143
0
votes
2
answers
53
views
What are the main conditions to have a housing loan in the USA? [closed]
Apart from having 1 year of work in the same company and a good credit score... Once that's okay... For example I earn $5000 a month, can I borrow $4500 a month if I want ? Or is there a limit based ...
- 1
3
votes
2
answers
266
views
Is addiction a disability?
Is addiction considered a disability for employment and beneftis rights?
Does it matter if the addiction is legal: say gambling or alcohol; or illegal: drugs or theft (Kleptomania)?
- 641
3
votes
1
answer
164
views
What kind of reward is an "inflationary lump sum"?
Some companies are giving employees what they call an "inflationary lump sum" to help them cope with cost of living issues caused by high inflation.
See for example:
https://www....
- 156
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 ...
- 11
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/...
- 143
2
votes
1
answer
205
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 ...
- 23
1
vote
1
answer
105
views
Is termination of (employment) contract binding, without regarding estoppel/waiver
I am speaking in the sense of employment contract, but I believe the same scenario is applicable to all kinds of contracts.
The employer exercises their power to terminate Alice, and pay in lieu of ...
- 13
2
votes
0
answers
48
views
Does the Vietnamese law prohibit non Vietnamese to work as lawyers in Vietnam?
Does the Vietnamese law prohibit non Vietnamese to work as lawyers in Vietnam?
A "Vietnamese" for that matter is a citizen of the Socialist Republic of Vietnam.
- 21
3
votes
1
answer
188
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 ...
- 601
4
votes
1
answer
160
views
Is an LLC with no assets effectively impervious to lawsuits?
For example, a millionaire forms an LLC to sell lemonade on the sidewalk and they put a job posting in the local newspaper where they specified that only a person of a particular ethnicity, marital ...
- 715
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 ...
- 310
1
vote
2
answers
189
views
What should a contract contain to protect an employees rights to work on unrelated side projects in their free time? [duplicate]
What should a contract contain to protect an employees rights to work on unrelated side projects in their free time?
Assume UK employment law.
- 156
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 ...
- 5,057
3
votes
0
answers
75
views
What case can be brought against a former employer for unpaid wages?
In the Philippines, what case can be brought against an employer who has not paid its employees?
What kind of case would that be, and would it be with the Department of Labor and Employment (DOLE)?
- 39
0
votes
2
answers
478
views
What should a contract contain to protect an employees rights to work on unrelated side projects in their free time
A typical IP clause in an employment contract says that
works created "during the course of your employment" belong to your employer.
This is essentially echoing the "work for hire"...
- 156
5
votes
2
answers
318
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. ...
- 9,306
2
votes
1
answer
210
views
Explain WARN act compliance after-the-fact?
In recent news, a major company (Twitter) abruptly laid off a large number of staff effective immediately, apparently in violation of the Federal WARN Act and the similar California-specific act, ...
- 3,166
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 ...
- 12.9k
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 ...
- 193
1
vote
1
answer
167
views
What does the law say or accept about consistency of signatures used for employment?
An employer in USA is hiring contractors who will work remotely from India. They plan to setup an office in India within a year. The offer letter is sent via https://<companyName>.workable.com, ...
- 381
3
votes
0
answers
71
views
Can I take family leave in NYS if my employment date started after date of birth?
If someone has a baby in January, and starts at a company in February, are they eligible for the state-legislated paid family leave once the required time has accrued, or must they need to have been ...
- 131
1
vote
1
answer
112
views
France: Asking for current pay, contracts for hiring process
In France, as a Nuclear Engineer, I was asked to give a copy of my current working contract, of my three last monthly pay documents AND those involving a bonus.
Online, I found this article L-1221-6 ...
- 111
1
vote
3
answers
534
views
Legally working , Two remote jobs at same time
I’m currently working with a software company remotely and the work load is very light. So I received a new offer from another Software company and was planned to accept it and keep my current job as ...
- 181
0
votes
0
answers
101
views
Can an IT firm have no-shop clause in offer letter?
I got an offer letter from an IT company and in this offer letter below statement was mentioned.
Also please note that by signing this letter, you agree to “No shop terms” (for the period starting ...
4
votes
1
answer
429
views
Can an employer make employment decisions based on who you live with?
This question is inspired by a question on Workplace Stack Exchange in which an employee of a German research institute was told by their boss's secretary:
Hey, we pay you one of the top salaries in ...
- 1,010
12
votes
5
answers
6k
views
If I quit, can my employer claim back pay that was agreed to but not included in our written contract?
About a year ago I started a job, my contract for it says:
Pay and Expenses
The Employee will be paid £9/hr in arrears. Salary may be increased at the direction of The Employer subject to The ...
- 129