|
Really most people in the us are presented document which includes the “terms and conditions of employment” Whether this is a contract or there is another contract or not depends on a lot of things. euphronius fucked around with this message at 13:31 on Jul 24, 2018 |
#
?
Jul 24, 2018 13:24
|
|
|
|
| # ? Jun 3, 2024 22:44 |
|
|
euphronius posted:You have a document called a contract. Ah, OK. I guess it’s often labeled “employment agreement” on paper, though everyone called it their contract. I skimmed back a few pages and didn’t find the discussion here, and I’m not brave enough for the Trump thread.
|
|
#
?
Jul 24, 2018 13:25
|
|
|
Sometime's it's just an "employee handbook." etc.
|
|
#
?
Jul 24, 2018 13:28
|
|
|
lemme see
|
|
#
?
Jul 24, 2018 14:18
|
|
|
blarzgh posted:The handbook might say stuff like, "only use the conveyor belt after all warning lights have been turned on for 10 seconds." so that if someone gets their arm chopped off and sues the company, the company can say, "our policies are safe, and he only got his arm chopped off because he didn't follow company policy, therefore not our fault."
|
|
#
?
Jul 24, 2018 14:19
|
|
|
IANAL, but pretty much every job I've had has had an Employee Handbook/Agreement you have to sign that says "this is not an employment contract" that has conditions of employment. 22 Eargesplitten, I know I said something similar in the IT thread, but you should really just start burning through all of your PTO and sick time. I didn't realize it was such a huge pay cut. Personally, I think that justifies you leaving as soon as you get another job, no notice necessary, if the new job is willing to start you that soon. In fact, if you get hired before your PTO is used up, I would recommend using your PTO after you've started your new job. Because if they're willing to gently caress you like that, there's really no reason not to gently caress them, other than the bad recommendation. Personally, I'd probably suck up the bad recommendation, because gently caress those guys, but I'm not sure if that's good advice or just good spite.
|
|
#
?
Jul 24, 2018 17:32
|
|
|
Thanatosian posted:In fact, if you get hired before your PTO is used up, I would recommend using your PTO after you've started your new job. Please don't defraud your lovely employer that has more money than you to pay for lawyers.
|
|
#
?
Jul 24, 2018 17:38
|
|
|
Don't most jobs just pay out unused PTO anyways? And I don't think your company can stop you from working somewhere else while you're on PTO anyways. Having 2 jobs is a thing.
|
|
#
?
Jul 24, 2018 17:42
|
|
|
Ur Getting Fatter posted:Please don't defraud your lovely employer that has more money than you to pay for lawyers. It's kind of like that adage about how if your new boyfriend/girlfriend was cheating on their now-ex, with you - don't be surprised when you're the one getting cheated on Your new employer will probably not be thrilled that you hadn't officially quit from your old company before you started working Your health benefit companies, your retirement contributions, and other aspects may also have interesting things to say to each other as well KillHour posted:Don't most jobs just pay out unused PTO anyways? And I don't think your company can stop you from working somewhere else while you're on PTO anyways. Having 2 jobs is a thing. In most states this is at the employer's discretion. Usually in the handbook/non-contract that you signed Edit: If it's a professional job, the handbook will most definitely say that you can't moonlight
|
|
#
?
Jul 24, 2018 17:43
|
|
|
But if the handbook isn't a contract, won't the only remedy available to them be to fire you?
|
|
#
?
Jul 24, 2018 17:48
|
|
|
KillHour posted:But if the handbook isn't a contract, won't the only remedy available to them be to fire you? The handbook also doesn't say anything about calling your boss a motherfucker and flipping them off as you moonwalk out the door It doesn't make it a good idea to do in the context of a professional employee. If we're talking McDonalds then sure, whatever
|
|
#
?
Jul 24, 2018 17:51
|
|
|
The handbook isn’t a contract but you may have a contract with your employer or some implied or quasi contract situation Regardless they may be entitled to equitable relief based on unjust enrichment even if contract formalities are not met Law is hard and nuanced.
|
|
#
?
Jul 24, 2018 17:56
|
|
|
euphronius posted:Law is hard and nuanced. Actually I was reading on Reddit and
|
|
#
?
Jul 24, 2018 18:00
|
|
|
Have you tried turning the law off and on again?
|
|
#
?
Jul 24, 2018 18:01
|
|
|
Ur Getting Fatter posted:Have you tried turning the law off and on again? The origin of the purge revealed
|
|
#
?
Jul 24, 2018 18:25
|
|
|
Hieronymous Alloy posted:That *really* depends on who you are and what your job is and where it is. Most US jobs are at-will with no contract and the employer can fire whenever. This is true but unemployment compensation is a different issue. In PA an employer can fire you for any reason it pleases as long as it's not illegal discrimination, but to deny unemployment comp takes a pretty high burden of proof of Willful Misconduct as PA calls it. And there are protections against the whole "you're not fired, you're just being transferred to a location an hour away from here and only working 2 days a week now, feel free to quit if you don't like it" thing. So, here, if your employer wants rid of you and doesn't want to pay you unemployment, you'll know it far in advance because they'll start writing you up for every bullshit reason under the sun.
|
|
#
?
Jul 24, 2018 18:34
|
|
|
If your employer gives you "unlimited" PTO, or "flexible" PTO, you don't have any time banked for them to pay out!
|
|
#
?
Jul 24, 2018 21:41
|
|
|
Ur Getting Fatter posted:Please don't defraud your lovely employer that has more money than you to pay for lawyers. I guess I don't understand how this is fraud...?
|
|
#
?
Jul 24, 2018 22:48
|
|
|
I have no idea how it works in the US but here you cannot be a full time employee for two employers at the same time without disclosing that fact to your employers. Failure to do means you get fired with cause.
|
|
#
?
Jul 25, 2018 00:01
|
|
|
Hi law goons, I hope asking a Canadian law question is OK here, otherwise please point me in the right direction! I'm a Canadian citizen, and my boyfriend is American. Our goal is to live together in Canada with him as a Permanent Resident. I reached out to my MP's office and got some basic guidelines: the best way to go about this would be to bring him up as a visitor for 6 months, apply to extend the visit for another 6 months, achieve common-law relationship status and apply to sponsor my new common-law partner to become a permanent resident. (Important to note: he works remotely for an American company, so at no point would he be ~stealing Canadian jobs~ or anything) I want to firstly double check and make sure that's a legal thing to do, and also ask, are there any legal restrictions around him bringing his belongings across the border?
|
|
#
?
Jul 25, 2018 01:44
|
|
|
Killingyouguy! posted:Hi law goons, I hope asking a Canadian law question is OK here, otherwise please point me in the right direction! Oh I've seen this on border security: Canada's front line If he has all his poo poo then he's clearly not coming to visit and they might turn him away and bar him from entering the country for a bit Ianal
|
|
#
?
Jul 25, 2018 02:01
|
|
|
On the other hand it's what your mp said to do
|
|
#
?
Jul 25, 2018 02:01
|
|
|
That's why we're kind of suspicious of my MP's office's advice: our intent is for me to be able to sponsor him as a permanent resident (and thus not have him leave the country) regardless of whether he has his belongings. It is not clear to us that visiting for a year (with a visitors extension after 6 months) and immediately applying for a common law sponsorship is the legal or proper way to go about us living together in Canada.
|
|
#
?
Jul 25, 2018 02:19
|
|
|
Talk to an immigration lawyer. Your MP’s office staff are not experts on your situation. He should be especially careful if he’s planning to work while in Canada.
|
|
#
?
Jul 25, 2018 02:20
|
|
|
Subjunctive posted:Talk to an immigration lawyer. Your MP’s office staff are not experts on your situation. He should be especially careful if he’s planning to work while in Canada. Yeah having all his work stuff is also a red flag, though based on my experience (which is a Netflix show) having his stuff and especially a lease makes it less suspicious But like you said it doesn't avoid the fact that he would apply for a visitor visa on a fraudulent basis which would be bad Yeah talk to a lawyer
|
|
#
?
Jul 25, 2018 02:32
|
|
|
Killingyouguy! posted:Hi law goons, I hope asking a Canadian law question is OK here, otherwise please point me in the right direction! I am not a lawyer or an immigration expert but a very close friend of mine had to go through this. This is not meant to be advice on what you should do. She kind of did it that way, however she was unable to work while she was waiting to become a permanent resident so the cost was VERY expensive for her partner to bear. Have you thought of what might happen if he requires medical assistance? If he's not Canadian I believe he'll have to pay for any treatment unless he has separate insurance. She had to go to hospital and it cost $$$. Plus, what about his work? Will he have to pay dual taxes? Also your MP is like all MPs and may be a genius or may be a total bellend. Ours was Libby Davies who was able to go to bat for her when the government tried to gently caress her over lying about paperwork not being sent but only cause she was so long serving. YMMV depending on where you actually ARE in Canada, but I agree with others who suggest contacting an immigration lawyer. It's a long and lovely process, and you want it to be watertight.
|
|
#
?
Jul 25, 2018 02:41
|
|
|
Subjunctive posted:Talk to an immigration lawyer. Your MP’s office staff are not experts on your situation. He should be especially careful if he’s planning to work while in Canada. Seconding this. My super anecdotal not a lawyer input is that I know someone who got bounced from Canada for showing up with her stuff in a truck. She was planning something very similar to what Killingyouguy! describes her sweetheart planning. Lawyer up!
|
|
#
?
Jul 25, 2018 02:43
|
|
|
Lawyer up, lawyer’s gonna tell you to get married, get married in Quebec so you keep your last name and check the “separate property” box on the form, enjoy Canada eh.
|
|
#
?
Jul 25, 2018 04:18
|
|
|
Do they have prenups in canada?
|
|
#
?
Jul 25, 2018 06:51
|
|
|
Can you not keep your maiden name in Canada outside Quebec? I don’t know anything about anything but that was really specific.
|
|
#
?
Jul 25, 2018 07:04
|
|
|
Xiahou Dun posted:Can you not keep your maiden name in Canada outside Quebec? In Quebec it's the default, but you can keep your birth name everywhere in Canada.
|
|
#
?
Jul 25, 2018 07:22
|
|
|
Xiahou Dun posted:Can you not keep your maiden name in Canada outside Quebec? You definitely can; in Quebec it's actually mandatory you keep your maiden name. https://globalnews.ca/news/2404384/does-quebecs-ban-on-married-names-infringe-on-womens-rights/ e;fb but with a little more information.
|
|
#
?
Jul 25, 2018 07:25
|
|
|
It's the default in BC as well, I'm married and still have my maiden name because I didn't do anything to change it.
|
|
#
?
Jul 25, 2018 17:35
|
|
|
I also have that lady's maiden name.
|
|
#
?
Jul 25, 2018 19:15
|
|
|
https://twitter.com/joshtpm/status/1022201062416113667 Well, this thread says that 99.99% of the practice of law is squabbling about security deposits, but what about the rest? Like that? Edit: Well, I guess if you squint real hard, would security deposit disputes fall under letters of intent for bogus real estate transactions? Ceiling fan fucked around with this message at 03:26 on Jul 26, 2018 |
|
#
?
Jul 26, 2018 03:18
|
|
|
The rest is hypothetical.
|
|
#
?
Jul 26, 2018 03:26
|
|
|
This thread is 99% landlord tenant bc there’s no money in landlord tenant so people look up free advice on the internet. Most of law is incredibly mundane poo poo that looks easily resolvable on paper and then is complicated by people, both clients and attorneys (e.g why is this simple breach of contract case up on multiple petitions of mandamus? Answer is jackasses). Most lawyers aren’t shady, and most shady lawyers are involved in very mundane poo poo
|
|
#
?
Jul 26, 2018 03:34
|
|
|
If you went to the courthouse and looked up every single case, 90% of cases filed are family law and criminal law.
|
|
#
?
Jul 26, 2018 14:01
|
|
|
blarzgh posted:If you went to the courthouse and looked up every single case, 90% of cases filed are family law and criminal law. Wow - you think it's that low?
|
|
#
?
Jul 28, 2018 13:14
|
|
|
|
| # ? Jun 3, 2024 22:44 |
|
|
I remember reading that over 90% of all cases filed in many jurisdictions are from prisoners who have nothing better to do than file litigation all day.
|
|
#
?
Jul 28, 2018 13:48
|
|