Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
919
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can a company exist with no employees?
I own a company that has no employees at the moment. I have paid a few people cash for services in the everyday operation of my company. An example of this is, the person who styled my hair for my ...
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1
answer
136
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Is an email legally binding for a governmental job confirmation in Germany?
Here is an excerpt from the email:
es ist mir eine große Freude, Ihnen heute mitzuteilen, dass Ihre Bewerbung XXX erfolgreich war. Wir möchten Sie gerne zum nächstmöglichen Datum einstellen. Der ...
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2
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What rights does an employee retain, if any, who does not consent to being monitored on a work IT system?
I am interested in privacy at the interface between one's personal and professional lives. This question is adjacent, but not identical to others related to IT system use (1, 2). Given a workplace IT ...
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2
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72
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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 ...
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2
votes
2
answers
191
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If a worker quit his old job because a recruiter at a new job contacted him with an appealing offer, can he still be fired without cause in probation?
This is a hypothetical question. I understand that in ordinary circumstances, when starting a new job, the probation period allows an employer to terminate the employee for any or no reason, provided ...
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4
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3k
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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 ...
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115
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In UK law, what weight does an organisation's stated keywords/values have?
I'm dealing with an organisation (a UK regulator) that claims, amongst other things to be Decent and Ethical[1]. They splash these values everywhere, their emails and website, pretty well anywhere ...
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2
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1
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74
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Non accredited degree
My job gave me an option to transfer departments due to them eliminating my position. In doing so they stated my BA degree was from a non accredited university after transferring me. The current job ...
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17
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4
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5k
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Are there any jobs that are forbidden by law to convicted felons?
Consider a hypothetical job-seeker who has been convicted of 30 felonies in the State of New York. This person is willing and able to re-locate anywhere within the United States or its territories, ...
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1
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83
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Suing people vs. a company [closed]
I work for a small trucking company. Have for almost 3 years. We haul out of the same places all week long. Sometimes change it up, but can guarantee to see the places at least twice a week.
The one ...
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204
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(UK) Employee signed off from work by a doctor - can we ask for equipment back?
If an employee is signed off from work by a doctor and is currently holding equipment owned by either his employer or one of his employer's customers, it seems perfectly reasonable to me to ask for ...
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141
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Is it legal for a former employer to send appointment reminder to clients, for appointments with me, when I’m no longer at the company
I was terminated from a Therapist position for being a whistleblower. My former clients are still getting their appointment reminders and the reminders are scheduled with another therapist, but saying ...
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1
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83
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Legal advice for problems with a coworker in healthcare which can risk professional licensing [closed]
I'm writing this in behalf of another person, let him be John.
John is a licensed (university degree) healthcare professional working in the UK. He is having problems with a co-worker, and these ...
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1
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111
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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 ...
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74
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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 ...
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266
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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 ...
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1
answer
122
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Protecting AI related IP by assigning all current and future IP to an LLC
Consider a fairly typical IP assignment clause, such as
I understand that the provisions of this Agreement requiring assignment of Inventions to the Company do not apply to any Invention that I have ...
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4
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1
answer
365
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Redundancy due to Organisational Restructure
Bob has been made redundant today due to "Organisational Restructure" process and let go immediatelly. He has been there for 18 months and the notice period was 1 month. The company offers ...
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1
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Does Minnesota Statutes 8.31 ADDITIONAL DUTIES OF ATTORNEY GENERAL apply to MN Statutes 43A.11?
If a state agency violates MN Statutes 43A.11 (which gives preference to hiring military veterans in some circumstances), can the Minnesota Attorney General open an investigation under MN Statutes 8....
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1
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103
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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 ...
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119
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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 ...
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5
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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 ...
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1
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121
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Do remote employees count for purposes of WARN Act in NY State?
I'm trying to figure out if I am covered under NY law for purposes of triggering the WARN Act (and potentially seeking damages with a class action). I was recently laid off, along with 50+ employees, ...
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1
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136
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Racism or just stereotyping?
I recently joined a team as a technical team leader. The team I look after are all Indian and my manager is Indian. We all got on a zoom call and introduced each other. At the end of the meeting, my ...
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1
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142
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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 ...
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1
answer
116
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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 ...
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0
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105
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Berkeley Min Wage: what if you are only required to do 5 minutes of work?
Berkeley has a minimum wage law but it is set to 18.07 per hour. How does this work if work is divided into minutes?
Separately, does 18.07 per hour comprise 18.07 minimum per day?
Also, what are the ...
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2
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1
answer
106
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Is a termination notice with an invalid end date enforceable? [closed]
If an employer service a notice of termination on an employee, but specifies a date for the termination which is in the past, is it enforceable?
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268
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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 ...
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3
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2
answers
252
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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 ...
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528
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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 ...
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2
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1
answer
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Does Minnesota Statutes 43A.11 apply at the County or Council Or Regional level?
I am a US Army Veteran and I applied to a few jobs position at the County and Regional/Council government agency level. I was told by the HR department that MN Statutes 43A.11 (which gives preference ...
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1
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127
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Are parties protected from retroactive action when a law allowing something is declared unconstitutional and other existing laws conflict? CA Prop22
Are parties protected from retroactive action when a law allowing something is declared unconstitutional and other existing laws conflict?
RE:CA Prop22 and AB-5 law on Independent Contractor status ...
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181
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Is it legal having two 40 hour jobs in 2 EU countries being non EU [closed]
I have a work permit in Sweden for 3+ years.
I have received a job offer from another EU country.
I want to work both jobs. Both jobs are 55k+ euro annually so I have no issues with minimum ...
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2
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1
answer
601
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M&A: Avoiding paying redundancy by selling the company? (UK)
Corporation A owns many smaller business units. Corporation A agrees to sell Business Unit X to Corporation B.
Business Unit X has a number of employees who are effectively redundant because their ...
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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 ...
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2
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2k
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Can an employer waive your right to overtime pay in Illinois as a W2 employee?
I recently signed an offer letter for a "contract" job through a staffing agency to work for another company. It's a W2 position and the offer letter had verbiage similar to this: "You ...
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3
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11k
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Is the bus driver forced to break a law when allocated more students than the maximum capacity of the bus?
At the high school I go to, our school district's transportation department (likely due to budget reasons) has allocated more students onto one bus than its maximum capacity, resulting in kids sitting ...
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1
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390
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Is it legal to post a job opening that the company has no intention of filling?
This survey talks about the concept of "ghost jobs", job postings that the company leaves open for longer than necessary or doesn't actually intend to fill. I'm curious about the second one, ...
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2
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80
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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 ...
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2
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133
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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. ...
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What indemnities will I get if my company is declared bankrupt during a professionnalization contract?
I have a professionalization contract ("Contrat de professionnalisation") in a determined duration ("CDD") with a company that will soon be declared bankrupt in France. I find much ...
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2
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1k
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Liability for damage to work equipment while used at home with employer permission
Please consider the following hypothetical situation:
An employee in Prince Edwards Island, Canada borrows a mini-excavator from his/her employer with permission from his employer. While the employee ...
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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. ...
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2
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136
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Is a worker either an employee or independent contractor? Or could they be something else?
Is it possible for a paid worker to neither be an employee nor a contractor? Is there some other category or classification, or must the worker be one or the other? In general people talk about ...
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4
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1
answer
440
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Germany: Right to work without a SSN and National ID number
I am in Germany on a spousal visa. My visa states "Erwerbtätigkeit erlaubt" i.e. I can work here. I have a Steuernummer (tax number) and I have finished my Anmeldung (registration) at the ...
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Can an employer legally help a line manager at an English Employment Tribunal but not tell their employee (claimant) they will do this?
The background
After enduring months of a stressful and toxic work environment marked by harassment, the employee then attended a probationary review (PR) meeting with their line manager.
During the ...
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1
answer
249
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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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3
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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
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1
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188
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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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