Questions tagged [contracts]

Questions relating to the legal aspects of employment contracts.

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181
votes
9answers
27k views

How can I handle my company docking my pay due to poor quality of previous consultant's work for customer?

I work for a consulting company as a developer in Italy. A month ago a major client demanded a replacement for a developer who worked there on a project due to concerns about the quality of their work....
132
votes
18answers
41k views

My previous employer has asked me to fix a bug in code that I wrote for them

My previous employer wants me to fix a bug in the code I wrote while I was working for them. Should I provide assistance to them—on contract (paid) or for free—despite the fact I am no longer working ...
132
votes
10answers
28k views

Boss making me feel guilty for leaving the company at the end of my internship

I’m currently a web development intern in a small-sized company. My internship contract ends this Friday. Two months ago a superior told me there would be a possibility for me to be hired permanently ...
126
votes
8answers
19k views

How do unlimited vacation days work?

I've seen numerous posts on Stack Overflow Jobs or on-line in general where a company lists "Unlimited vacation days" as one of the company's benefits. I see several issues with this "benefit" and I'...
116
votes
10answers
27k views

How can I safely terminate my contract before its end date?

I've been offered an amazing new job that I'm 100% set on accepting. The only problem is that my current job is a contract that doesn't end until December 2018, and I also have to give 4 weeks notice ...
111
votes
11answers
38k views

I've been offered a job, but my new employer won't give me a contract until after I give my notice

I am in the United Kingdom and currently working full time for a development company (programming). My boss does not know that I have had an offer from a new workplace. My new employer has handed a ...
110
votes
10answers
22k views

Manager is threatening to grade me poorly if I don't complete the project

Recently I joined a company as an unpaid intern for 3 months during which I worked on a project. My internship finishes this week. This project is almost completed as per initial scope that my manager ...
105
votes
12answers
22k views

Asked to sign an NDA after a one-month internship

I applied for an internship job, worked there for 1 month and then left. I did not sign a contract and was not paid for this work. Now they are asking me to sign a non-disclosure agreement (NDA). Is ...
104
votes
13answers
16k views

UK based, new US employer changed contract on first day. How to handle professionally?

I was offered a job by a US software company. On my first day at work they told me they couldn't actually hire me for legal and technical reasons. So, now they want me to be a consultant and to ...
95
votes
12answers
25k views

Employer reneged on negotiated clauses that weren't part of agreed contract, citing budget cuts - what can I do?

Several months ago I accepted a job offer that involved relocating abroad based on the agreement that I would get a defined salary raise after the first three months of work. I asked to have this ...
88
votes
10answers
27k views

What benefits are there in signing a non-compete after resigning, with no formal contract of employment?

I'm currently leaving a company but they want me to sign a non-compete before leaving. I don't have any formal contract with the company nor anywhere did I sign that I would commit myself to it. Is ...
86
votes
7answers
24k views

My employer is refusing to give me the pay that was advertised after an internal job move

I have moved jobs internally and was told by the manager who posted the job I would be paid £50k per annum and that is also what was advertised. Now after starting the job they have finally sent a ...
79
votes
6answers
18k views

Can a German employer force mandatory overtime and forbid salary discussion?

After a rough few weeks (lots of late nights) I looked over my work contract and found the following statements: As far as the operational conditions require, overtime is to be worked. Overtime ...
78
votes
13answers
17k views

My boss is taking a leave of absence and leaving the company to us [closed]

We are a small company of 4 people (including my boss) and are facing a difficult situation. To put this into context, we are underpaid compared to the market, every hour is clocked by the minute, ...
66
votes
12answers
16k views

How to handle a “non-compete clause” on the employment contract?

One of my friends was selected to a large software company to work as a web developer after a successful interview. He got the agreement letter and when he was reading it, he found an unfair term. It ...
59
votes
6answers
15k views

Not paid for work, contract promised but not given

My partner recently was offered a job at a corner store which she was delighted about - and I was too, she's been struggling to find work for months now (art graduate, lack of available art jobs). ...
59
votes
5answers
13k views

How can I stop my boss in Germany from bullying me without worsening my future job prospects?

I am a foreigner who recently started a minimum wage job in Germany that I think I can't replace easily at all. My employer has been behaving strangely, for example by being very friendly and offering ...
58
votes
11answers
11k views

Is it wrong not to renew a contract without notice? My company inserted bunch of new clauses at the last minute [closed]

Since the start of 2017, I have worked as an independent contractor at an agency that contracts out technical consulting work. I also freelance in my off hours and on my weekends. I have some rare ...
47
votes
4answers
11k views

Confidentiality of Terms: Cannot discuss salary or benefits

I recently witnessed an offer of employment where, under the confidentiality of terms, it stated: You agree to follow the Company's strict policy that employees must not disclose, either directly ...
45
votes
6answers
9k views

Employer asks for “guarantor” to compensate damages due to consultant's “breach of the employment contract”

What is meant when a US company asks new employees for a "guarantor" who will pay for damages caused by a breach of employment contract? Does it mean that if an employee resigns after a few months (...
45
votes
11answers
10k views

Is it wise to opt out of training I'm not obliged to take? [closed]

I'm an apprentice at an engineering company and I'm due to go on a week-long residential training course in a few months time. This "training" is not technical, but rather focuses on building soft ...
38
votes
4answers
11k views

HR never sent me a contract so I didn't give notice and now they want me to start next week

Firstly, I am from Germany so maybe there are some things that are treated differently concerning jobs. I got to a job interview and got the job really quickly. They sent me the contract and I didn't ...
37
votes
9answers
17k views

What should I wear to go and sign an employment contract?

I've finished my interview sessions with a company (2 individual interview days), and also discussed the first draft of the contract with them. They offered me the job, and I've accepted their offer. ...
31
votes
3answers
7k views

Abusive employer and “effective contract changes”

I am trying to navigate a really nasty scenario with my current employer, and am hoping there is a professional tactic or approach that won't require consulting with a lawyer, as I'm pretty much broke ...
27
votes
5answers
5k views

Is signing a permanent contract celebrated/ announced - UK

The scenario: I've been working on a temporary 6 month contract with my company and I have just agreed to new terms which will give me a permanent full employee contract. The question: Is it ...
27
votes
4answers
10k views

How to leave a job and offer services as an independent contractor [closed]

I have been working with a company, building their infrastructure and software systems for the past 7 years. Their software (hosted applications) and the services around the software are what they ...
26
votes
5answers
9k views

Contractor day rate - calculating based off pro rata annual 'salary'

I have been working on a self-employed contract for almost 12 months. When I started, they offered me a 'pro-rata salary' of £37k. They asked to be billed by the day, and naively I just did 37,000 ...
25
votes
5answers
8k views

Why are CEOs generally fired rather being demoted?

Rather than firing a CEO, he may do a good job as CTO or CFO or even a General Manager(GM). Why is it always 'get out' for CEOs?
25
votes
3answers
3k views

Quitting an exploitative job

My best friend is working in a small firm (approx 20-30 people) which has recently gone under change in management. The new partner/director treats employees like hell & has clear ideology of ...
24
votes
4answers
7k views

An employer is asking me to sign a contract for 18 months, but says that we can “work out” if I want to leave early

I just completed my undergraduate degree and I've been looking for jobs. A prospective employer who has offered to interview (in a different city) has said on the phone that I'll have to sign a ...
22
votes
6answers
53k views

Working for two companies at the same time [closed]

Are there any concerns with working two remote full time tech jobs in the US (one in networking and one in photo sharing)? I understand there might be health concerns, but assuming you are able to ...
22
votes
3answers
1k views

How to handle a “we own everything you do” clause?

I started a new job yesterday and was given a document titled '[Company] Non-disclosure Agreement'. Hidden in that document is a clause stating that everything I do, on or off company time, is owned ...
21
votes
4answers
21k views

Job offer via email, no need for signed contract?

I am in the process of accepting a job offer and instead of sending out a written contract that needs to be signed, everything is done via email. Is this legally sound and normal? In the past I have ...
20
votes
4answers
12k views

Is overtime always paid in Germany?

I'm a recent graduate in CS currently living in Germany and looking for jobs as a junior Java developer. So I'm trying to understand more about contracts and things like that. I have the following ...
20
votes
7answers
42k views

What is the difference between freelancer and contractor?

I have been hearing about freelancers, especially in the software industry. What is the difference between freelancers and contractors? What are the advantages and disadvantages of each? As to my ...
20
votes
3answers
7k views

The benefits I can ask for from companies in Germany?

I'm a recent graduate from a Masters in CS from Germany. I currently live in Germany and am looking for a job. However, since I'm new to job hunting, I don't have an experience with contracts and ...
18
votes
7answers
12k views

How to politely refuse telling the client's name for the recruiter?

Usually when dealing with recruitment agencies and applying for certain IT job positions, at some point they share the client's name (either by phone or e-mail) and usually saying that I should keep ...
18
votes
6answers
1k views

How to handle informal influence that contradicts formal agreements?

Background: I have had the following experience a few times in my life. I was working under contract for a company through an agency. The manager/PM that I would be working with would declare to us ...
17
votes
8answers
4k views

Informally degraded from a Lead role / Bad contract

A year ago I started working as an app developer for a small start-up (backed by the gov.) I was the first employee and was asked to take full responsibility when developing the app, both when it ...
17
votes
4answers
3k views

Company claiming “place of work” legally has to be the company's registered address for contract purposes

The company I work for has been acquired by another company - both are very small in size, with no more than ten employees total. It's at the point where we've all been asked to sign new contracts, ...
17
votes
5answers
789 views

How could I maintain a flex agreement when my boss moves on?

When I hired with the company I'm with right now, I negotiated a flex agreement, saying that every other Friday I'd have off. I have the email in which that was agreed to, and everybody's been happy ...
16
votes
4answers
2k views

How do I handle *floating* bonus check criteria?

When I accepted my current job it came with a few strings attached: -- Single Web App Project X with deliverables: A B C And must be completed within three months. If completed, you'll receive a $...
16
votes
6answers
4k views

Is this “Outside Interests” clause in an employment contract taking it too far?

Seems like it states that even going out at the weekend to volunteer at a soup kitchen needs to be agreed via written consent by the CEO. I understand they want to limit conflicting work interests, ...
16
votes
3answers
75k views

How should I request a copy of my contract?

I don't recall if my contract had a Non-disclosure agreement for my work and I don't seem to have a copy of it in my records. How can I request a copy of my contract from HR without appearing ...
16
votes
5answers
95k views

Major differences between direct hire and contract to hire?

I have been getting a lot of recruiters calling me since I went on the job market and many of them have been pointing me towards contract to hire positions. Each recruiter assures me that if I get ...
15
votes
8answers
2k views

How can I make sure verbal promises in a negotiation are kept?

During contract negotiations I discussed benefits with my employer, and they promised to give me: all the tools I need paid travel to conferences of my choosing I want to make sure that these are ...
15
votes
2answers
2k views

How do I approach my boss about possible errors in my paycheque?

I applied for a job a short time back whose starting wage was $50K. After working there for a while I went through my payslips and calculated the amount, reversing tax and super, etc. I find Im only ...
14
votes
6answers
4k views

My contract is expiring and it won't be renewed yet I'm in the midst of a crucial project [closed]

So my boss informed me earlier this week that my contract would not be renewed at the end of this month. I work as a software developer and the HR says that they are hiring an IT staff who would be ...
14
votes
4answers
645 views

Work involves tasks that require waiting - Am I obliged to juggle tasks to spend my time well?

My job often involves tasks that puts me on hold - running 10 minute commands for searching, or restarting the server, or generally, any tasks that require me to run a single command then wait for it ...
14
votes
1answer
529 views

Agreeing to mandatory arbitration as condition of employment — what rights are given up?

A relative of mine is working for a New York firm that has recently had to pay after being sued for workplace harassment & retaliation. Now, they are requiring that all employees sign an ...

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