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Questions and Articles

92 items

I just began employment with my employer and have money in my prior company’s 401(k) plan. Can I bring this money into my new employer’s 401(k) plan?

A:
Generally, yes. Your employer’s plan document will dictate whether rollover contributions are allowed into the plan and whether you must satisfy the plan’s general eligibility requirements prior to being eligible to roll this money into the plan. Mos ... more

What Career Qualities An Employer Looks For?

A:
Employers are looking for certain important qualities in making hiring decisions. Here are the main qualities employers usually look for. For different positions, the order of importance will vary. ... more

Can the employee and the employer simply verbally agree terms of employment or is a written employment contract necessary?

A:
Employees must be given, within two months of the date of commencement of employment, a written statement setting out the main particulars of the employment. ... more

Who qualifies as an employer under the ADEA?

A:
The Age Discrimination in Employment Act defines "employer" to include every individual, partnership, association, labor organization, corporation, business trust, legal representative, or organized group of persons who (1) is engaged in an industry ... more

What happens to existing employment contracts?

A:
Answer Existing individual employment contracts continue in force according to their terms, and are enforceable in the Employment Relations Authority and Employment Court. Existing collective employment contracts also continue in force according to t ... more

How can a bogus employer explanation for the adverse employment action prove retaliation?

A:
A bogus employer explanation is known as a “pretext.” Since an employer is in the best position to know why it discharged an employee, proof that the employer made up a bogus reason allows an inference that the employer is hiding an unlawful reason. ... more

What should i tell the employer or agency the reason for leaving my current job?

A:
Oooh, that's a difficult one. You should never slag off a former boss to a potential employer and you also don't want to sound bitter. I would say that the employer was laying off people due to the economic situation. The fact that you resigned might ... more

Can my employer reduce my notice period and pro-rata my pay?

A:
If you have a contract that gives a higher notice period then this is strictly illegal. If you don't have a contract then it all goes down to statutory notice periods which state that an employee after one month's employment, must give at least one w ... more

Can employer set a period of notice of resignation as 3 months?

A:
In the US, the employer can set just about any terms they want as long as they write it out in the employment contract and I'm guessing Australia is similar. Most employers here do not require any notice at all, but I've seen some that require a two- ... more

When is an employer obligated to pay overtime in the state of Virginia? What are the regulations, and what is the overtime pay rate?

A:
All I know, from personal experience working in Northern VA, is that I receive 2 - 15 minute breaks and 1 hour for lunch. I do not get any overtime as I am a non-exempt employee and cannot work at my position over 8 hours a day. Exempt employees usua ... more
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