Questions tagged [law]

Questions about the legal aspects of work contract.

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28
votes
6answers
6k views

Are there any countries where a company can lawfully claim owning you 100% of the time, even outside proper working hours? [closed]

Recently it was reported IBM forced one of its employees to remove him or herself from the maintainers list of a open-source driver, with the following allegation: "As an IBM employee, you are ...
2
votes
2answers
366 views

Optional survey asking very personal questions. When are the dangers of answering?

I'm part of a union that has sent out an optional survey to it's members. Some of the questions are intensely personal: what is your gender identity? what is your sexual orientation? what is ...
2
votes
4answers
1k views

Can I get fired during COVID-19 for moving to another city in the same state?

Since the pandemic I am working remotely. I am in the process of moving to a different city (same state, 2 hour car commute away). I asked my employer for permission. The general notion was yes but ...
2
votes
2answers
759 views

Left work and they would like to look at the personal emails [closed]

Good morning All, My basic question is: Is my former employer allowed legally to ask and search through my gmail/google-drive account? I have recently changed jobs to a competitor and did upload some ...
-5
votes
3answers
327 views

How can I work simultaneously for more than one employer?

I am offered full time permanent contracts from three employers. Due to experience in the tasks of these jobs, I am confident I can fulfill all of them each day (by working around 12-14h per day). ...
72
votes
7answers
12k views

My new job came with a pay raise that is being rescinded

I have worked for my company (based in California) since May 2019. I was offered and accepted a new role in late November with a new higher salary effective 12/1 (New job start date). This was ...
4
votes
2answers
389 views

What steps must an employer take to keep health information confidential? [closed]

What steps must an employer take to keep health information confidential? This question is mainly legal but for a few reason I thought this site would be better than law.stackexchange.com Where I work ...
27
votes
7answers
7k views

My boss makes me use cracked software. How should I react?

I work as an engineer for a very small company which is specialized in mechanical engineering design & simulation. Since I arrived here almost 2 years ago, we have been using cracked softwares to ...
5
votes
2answers
327 views

Short-time work (Kurzarbeit) instead of parental leave (Elternzeit) and parental money (Elterngeld) in Germany?

I would have a parental leave (Elternzeit) for 3 months starting soon (already announced to the company so all fine from this side). Now, however, my company asked me if I instead of the parental ...
1
vote
2answers
396 views

A third-party recruiter is asking me to share my interview experience with a coworker, would that violate my non-solicitation agreement?

I work at company A, and my (US) employment agreement includes a non-solicitation clause that's active during and up to one year after my employment. Recently I've been looking for other jobs; through ...
5
votes
4answers
919 views

Former client/employer owes me (a contractor) money, reluctant to pay

I've found myself in a situation I've never really dealt with before. I used to work for a small startup in Hungary, as a contractor. Unfortunately, the pandemic hit, and in early April, the company ...
8
votes
6answers
3k views

How can I change jobs with a long notice period while furloughed?

I work for an organization (and have been there for over a year) that requires you to give 3 months' notice for leaving. Because of the COVID-19 crisis, we have all been furloughed since May and have ...
-1
votes
2answers
330 views

Overtime vs Pay Cut (California) (40-45 hours)

I was under the impression that M-F 9am-5pm was 40 hours of work but my boss is now changing it to 8am-5pm which is 45 hours but at the same weekly rate. What does California workplace laws say about ...
5
votes
2answers
672 views

Should I ask for reimbursement of unclaimable vacation prize after being terminated as severance pay?

I was just terminated from my position at a tech company in Canada. During the holiday Christmas party, I won a draw for some kind of all-inclusive vacation to be reimbursed as a taxable benefit by ...
14
votes
4answers
3k views

My employer is demanding that, as a teacher, I have my webcam on all the day, do I have to comply?

Are there any laws in the European Union about video conferencing and calling? I'm a teacher at a school that is now forced to work from home because of COVID-19. We have been assigning work online, ...
3
votes
1answer
706 views

I work full time during the week. Can my employer also ask me to be On-call on the weekends without pay? [closed]

I work as an IT support tech at a company in British Columbia. Right now I work Monday to Friday 40 hours a week, normal daytime hours. I am paid salary, though my salary is based on the hourly wage I ...
3
votes
3answers
393 views

What if employee thinks something is illegal? [duplicate]

What should an employee do if the employer asks to do something and employee thinks it is illegal to do so? Just do it or discuss with boss?
-4
votes
2answers
406 views

Incorrect decimal separator used for Pound Sterling currency [closed]

The company I work for laid off a few out-of-hours customer service employees and gave me their work between the hours of 6am and 8am, and 6pm to 10pm, my work hours rotate weekly from 6am to 2pm one ...
-1
votes
1answer
500 views

Consequences of Signing on a blank Paper [closed]

What are the consequences of signing on a blank Rs1000 Non-Judicial Stamp paper? What worst could happen?
-6
votes
1answer
356 views

Copying software application flow or replicating it [closed]

I worked at an ex-Company where they were creating their own product by almost replicating another renowned Business Intelligence application. I would like whether this may lead to a lawsuit for the ...
-3
votes
3answers
760 views

How can it be legal to have a contractor do the same job as a regular employee?

This may be a strange question and I may have some misunderstandings. In my experience it's not unusual for a contractor to be doing the same work as a regular employee. For example if a firm needs ...
14
votes
6answers
4k views

Changing your mind about parental leave

After the birth of our son, I (husband) chose not to take parental leave (Elternzeit), which in Germany is guaranteed by law. My boss asked if I would want to go, and I said "no". However, my ...
0
votes
1answer
660 views

Is it illegal to deny or charge customers for receipts? [closed]

I've had an unfortunate experience with a passive aggressive secretary who initially demanded payment when I presented her with a request for a digital record of my invoice/receipt history. I promptly ...
1
vote
2answers
271 views

Does the Insurance Distribution Directive apply to software developers as well?

The Insurance Distribution Directive states there is a "15-hour requirement ... as a minimum for anyone involved in ‘insurance distribution’" with regards to Continuous Personal Development....
5
votes
3answers
700 views

Employer trying to prevent union meeting? (sort of)

EDIT: I have reorganised my question because all responses so far have been off topic to the questions I actually asked. What I would like to know is: Am I acting within my rights? Are my employers ...
3
votes
4answers
854 views

Is this contract requiring me to repay training costs enforceable?

I recently applied for a job in a different department for the (UK) company I already worked for and was successful. The initial appointment letter I received (to confirm I had the job) did not ...
1
vote
1answer
168 views

IR35 changes in the private sector in UK and possible future scenarios [closed]

Because of the coming IR35 changes, both me and one friend (working for a different company) have been offered to become employees and our managers, in both cases, told us the company will probably ...
3
votes
0answers
360 views

Effective demotion? [closed]

My company (in the UK) has recently been taken over by another and they are going to be merging the two organisations and the relevant teams. My current team is small and I work alone on my area of ...
0
votes
1answer
505 views

Does a day off for work related paperwork count as vacation? [closed]

I'll need a day off to prepare my work permit. Does it count as work or a vacation? edit: I'm in a consulting company in France
2
votes
4answers
2k views

How can I get equivalent unpaid time off, since I won't need parental leave

On top of maternity/paternity pay, my (UK) employer offers "parental leave" to any parent: this is the option to take additional unpaid leave. Parent's are offered the option to take up to 9 weeks ...
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?
11
votes
3answers
1k views

My manager supports the KKK and is actively racist- white man working in China [closed]

Background: I have been interning in an Chinese multinational corporate through a internship program with my American School. My manager has been making sexist and racist remarks throughout the ...
3
votes
5answers
31k views

Can an employer require a salaried employee to work a minimum number of hours in the US?

A lawyer once explained to me that, because an exempt salaried worker may be expected to work more than 40 hrs without additional compensation, the employer can expect a worker to work around 40 hrs/...
3
votes
1answer
460 views

Is helping out a relative without salary considered a job? [closed]

One of my friends is helping out his uncle in his business without getting paid and his uncle gave him a place to stay for free. Is it considered a job?
13
votes
2answers
961 views

Is my employer in California obligated to pay me while I travel between jobsites

I'm an hourly worker at a landscaping company in Los Angeles and travel to a different job site or multiple job sites in a day. The morning and afternoon commute range from 15 minutes to 1.5 hours. ...
1
vote
2answers
924 views

Employer wants me to sign a wage acknowledgement form annually

Each year since 2015 the HR department at my company has asked all employees to sign a form similar to this Notice and Acknowledgement of Pay Rate and Payday Under Section 195.1 of the New York State ...
6
votes
1answer
2k views

By law, am I required take a 30 minute break during an 8-hour workday? (US)

Tl;dr: are US federal government employees required to take a 30-minute break during an 8-hour workday? If not, how do I explain to my supervisor I won’t take my break when he insists I have to? I ...
1
vote
5answers
889 views

Manager pushing acting manager aside when she is about to go on maternity leave when the pregnancy is a secret

Asking for a friend, I will try my hardest so it doesn't appear as a "what choise to make" question, sorry about the long post but it is an interesting scenario: The setting is a highly political ...
-7
votes
6answers
458 views

Are there laws requiring you to give notice outside the United States? [closed]

In America, specifically in the Midwest where I live, if I want to leave a job, I walk out. I've seen people go to lunch and not come back in extreme cases. I almost always have given at least a 2 ...
0
votes
2answers
336 views

Is it possible to resign immediately after getting a raise in UAE? [closed]

I keep resigning from my company because of salary delays and financial problems of the company. I was in my notice period. The management said that the company condition will improve and in 2 months ...
0
votes
1answer
351 views

Salary overtime and PTO on the same week [closed]

I just want to know if there is anything that I can specifically reference online with regards to the following. Employee is salaried. Employee worked overtime in a single week: over 30 hour shift ...
1
vote
2answers
373 views

Probationary period

Any help would be greatly appreciated. I started a new position early October 2018 with a 6-month probationary period. In my whole career, I've never had an extension or a bad word said about my ...
6
votes
2answers
515 views

Can company claim inventions made by employee/contractor while not on the clock? [closed]

I recently graduated with my degree. I haven't been able to find work in my field yet and have been doing various things to make money. I contacted a marketing agency/staffing agency that offered to ...
-2
votes
5answers
3k views

Is it discrimination to reject applicant based on personal views or belief? [closed]

If (based on firm owner's personal belief) in his own firm, between applicants, the company owner won't choose a specific person based on personal views/belief (about age, sex, religion, race, LGBT, ...
2
votes
3answers
2k views

How an employee can terminate a signed contract the starting date of the employment is not until 2 and half months?

Its going to be a week after signing a contract with a firm in Germany but the start date of the employment is not until 2+ months. The contract mentions nothing about how to terminate a contract ...
5
votes
4answers
9k views

My girlfriend's job is expecting a lot of “extra” work and she's an hourly employee

My girlfriend just started a manager-in-training job at a popular restaurant. It seems to me like the woman training her is playing fast and loose with the rules, but it could just be that the company ...
0
votes
3answers
206 views

Is it legal in the UK to ask former colleagues about an applicant from their company

Suppose I used to work at company B and now work at company A. Somebody who I don't know that currently works at company B has applied for a job at company A. I might consider reaching out to former ...
1
vote
2answers
246 views

How to objectively measure work-done in a share of income contract?

Background I'm developing a web-application for an active shooter defense training company. They go to organizations all around the country and teach them how to be best prepared for a horrible ...
6
votes
2answers
912 views

Asked about health of an applicant when providing a reference

I've recently been asked to provide a personal reference for an ex-colleague, they've asked the standard questions, but these two stood out to me Please tell us anything you know about the applicant’...
-2
votes
3answers
281 views

How are anti-discrimination laws practically enforced? [closed]

Are the various anti-discrimination laws that exist around the world only paper tigers or is there any way in which they can be enforced? Let's say a company doesn't want to hire "insert minority here"...