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I was fired from my job in North Carolina for tardiness, despite providing documentation from both my previous and current doctors about my Severe Idiopathic Hypersomnia, a chronic condition under the ADA. I had been employed for a year and a half, and my condition was discussed multiple times with... View More 
answered on Mar 25, 2025
In general, there is no law in North Carolina that requires an employer to follow your doctor's notes or to excuse you from the requirements of your job. However, if you work for an employer with at least 15 employees the Americans with Disabilities Act may apply to your situation. The ADA... View More
I work at a company where three of us are on the verge of losing our jobs due to write-ups related to health reasons. One employee was written up for attending workers' compensation appointments for a concussion. A second employee, who is pregnant, was penalized for a scheduled hospital visit... View More
answered on Feb 20, 2025
In North Carolina there are no general employment laws that make it unlawful for an employer to discipline or terminate an employee for health-related reasons. However, there are laws that cover specific situations that are health related.
For example, an employer in North Carolina is not... View More
Since having my first child in January 2023, there were a few instances of discrimination such as being turned down for an additional role that I was more than qualified for and the reason being communicated that I was a new mom. I became pregnant again in July 2024 and told my manager in Aug 2024.... View More
answered on Jan 5, 2025
You can ask, but they may not give it to you. However, if you have suffered discrimination based on pregnancy, you must file a charge with the EEOC within 180 days of the discriminatory action. If you do not, you will lose your legal rights. Also, if you sign a severance agreement it will contain a... View More
I live and work in North Carolina, and my employer, who owns the company, often contacts me outside of work hours to criticize my sexuality, sending me messages such as a link to a Facebook article on "how to stop being gay." I have saved these text messages. To my knowledge, there is no... View More
answered on Apr 16, 2025
In North Carolina, this behavior would be unlawful harassment in violation of Title VII of the Civil Rights Act, but only if the employer has at least 15 employees.
answered on Apr 13, 2023
This is actually two questions. First, your boss has the right to require you attend at 10:30pm meeting. You have the right to refuse to go, but he can terminate you for not going. Second, whether your employer is required to pay you depends on whether you are an exempt or non-exempt employee. Your... View More
I work for a large telecom company & signed a non compete, the non compete language is broad & does not mention any companies.
I have an offer to join a startup company in technology. This new company is not a direct competitor & not in the telecom space. I want to make sure I... View More
answered on Aug 29, 2022
You need to speak to an employment attorney who has experience with non-competes as this is a complex legal question. It is highly unlikely that you will find the answer simply by googling it. Also, even an experienced attorney may not be able to give a 100% definitive answer depending on how the... View More
He says, I have to sign a document and return company property in order to get my paycheck. He also still owes me another (my final) paycheck.
answered on Feb 6, 2022
File a wage claim with the NC Department of Labor. Free of charge and you can do it online. He cannot lawfully hold your pay to make you sign a document or return company property. If you had previously signed a document he might be able to deduct something from your final pay, but not hold it.... View More
answered on Dec 9, 2021
If you are a non-exempt employee, then the employer is required to pay you for all hours worked. If you work through lunch, you must be paid for lunch. If you do not work through lunch, then the employer would be justified in not paying you for lunch.
I agreed to still wear a mask but was told if I don’t answer the assessment questions then I cannot work.
Can they discriminate against me for that?
answered on May 22, 2021
You do not have to answer. However, the employer can terminate you for not answering.
answered on May 18, 2021
Your employer can reduce your pay at any time. However, it can only reduce it for future work. It is unlawful for your employer to reduce your pay for time already worked. You can file a wage complaint with the NC Department of Labor's Wage and Hour Division.
I have worked there for 7 months. I have been a top employee since day 1. Last month they doubled my commission and gave it to me in writing. It was my top month for sales also. My commission ended up almost 10,000 dollars. Yesterday the owner came in with new paperwork saying they were taking away... View More
answered on Feb 13, 2021
As to the commission change, the employer can change your compensation, including commission, at any time. However, the change cannot be retroactive. This means that if you earned commission under the new structure, you are entitled to the amount so earned. Even so, they can change the commission... View More
my girlfriend was just fired after she had complained to her district manager about her general manager harassing her. So i wrote an email to the owner but hes refusing to talk to me or investigate and wants to talk to her but she already made an attempt to talk to the district manager. Doesnt he... View More
answered on Dec 12, 2020
Sure you can. But your girlfriend needs to consult with an employment attorney immediately.
The child has special needs and had an accident at home. Mother was fired because she was taking care of her child's needs.
answered on Dec 8, 2020
In general, it is not unlawful to terminate you for "taking care" of your child's needs. However, if you worked for an FMLA covered employer and were FMLA eligible, taking your child to the hospital could be covered by the FMLA. If it was, you may have a wrongful firing claim based on the FMLA.
I have a letter from the district allowing me to teach remotely for the 20-21 school year. The principal sent a letter out today saying everyone that was given permission from the district must report to school on the 5th. My husband is high risk and the virus would probably kill him if... View More
answered on Dec 6, 2020
Yes, you can be ordered back even if you were previously allowed to work at home. However, if your conditions are covered by the ADA, you would want to request work-from-home as a reasonable accommodation.
I’m a single mom of two children out of school. Once my FMLA is over I asked for more time off unpaid. I do not want to resign but my job said if I don’t report on Monday it’ll be considered a voluntary resignation. Can they force me to resign. What should I say to them if forcing me to... View More
answered on Dec 6, 2020
FMLA is for 12 weeks only unless you are caring for an injured service member. No other law in North Carolina guarantees leave as such if you are unable to return to work after 12 weeks of FMLA, it is lawful to terminate you with limited exceptions. They cannot force you to resign, but they can... View More
answered on Dec 6, 2020
Hard question to answer without a lot more facts and weighing of options. However, in general, having a record of what transpired is usually a positive thing.
Essentially I was promised the same type of equity the owner had as part of my total compensation. This is in writing through emails and recorded conversations. The owner was looking at an outside person for advice on many situations, whereby this outsider told me to take action contrary to the... View More
answered on Dec 6, 2020
It depends. The primary issue will be what does the written document say about the "equity" and the effect your termination has on it. You should consult with an employment attorney as soon as possible.
independently owned franchise and the owner is selling to a new owner. Can the new owner enforce the non compete?
answered on Oct 29, 2020
More than likely. However, you should get it reviewed by an attorney.
so she wrote him out of work for 1 week and said he should not lift over 5 pounds and needs to get lots of rest and to come back in a week to get his spleen checked. He called his work and let them know what was going on and I turned in his doctor note to them. He received a call a few hours later... View More
answered on Aug 14, 2020
Probably lawful. Employers in North Carolina are not required to allow employees off for medical/health issues unless the employer is covered by FMLA (has at least 50 employees) and the employee is eligible (employed for at least 12 months and worked 1250 hours).
I went back to work during covid 19. He is even bringing things back from last year complaints & planning to give me written ups & eventually fire me. He admits i am the hard worker but should move on. He asks me for resume so he can help me find a job & i did give him. WHAT SHOULD I... View More
answered on Aug 12, 2020
If you quit, with very few exceptions, you are not entitled to unemployment. Based on what you have shared, there are no exceptions that apply and you will not get unemployment if you quit (resign). Your boss cannot make you give a two week notice if you do not want to although he could fire you.... View More
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