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Questions Answered by Kirk Angel

1 Answer | Asked in Employment Law for North Carolina on

Q: I was berated screamed and totally disrespected . By supervisor I then asked to go to HR. And was denied. Is that legal

Kirk Angel answered on Aug 10, 2019

That is terrible for you to have to go through.

However, there is no law against an employer, supervisor or co-worker berating, screaming or disrespecting you in this state. This type of conduct may be unlawful if it is directed to you on the basis of race, color, sex, national origin,...
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1 Answer | Asked in Employment Law for North Carolina on

Q: If my position went from exempt to non-exempt. Are we owed back pay for working overtime when exempt?

Prior to changing us to non-exempt we were required to attend Conferences that lasted well past our normal business hours. When not at conference or trainings we couldn't go over 40hrs but at these events we worked 50 - 60 hours without additional pay. Is that legal?

Kirk Angel answered on Jul 9, 2019

You cannot be switched between exempt and non-exempt by your employer as those are legal terms defined by the wage and hour laws. You are either one or the other unless there is a substantial change in circumstances (job duties change for example). In making the determination, the law focuses on... Read more »

1 Answer | Asked in Employment Law for North Carolina on

Q: Can an employer constantly text an employee after hours?

Kirk Angel answered on Jun 15, 2019

Yes. However, if the texts are work related and you are a non-exempt employees (one entitled to overtime), then the employer must pay you for that time spent on the texts. If you are an exempt employee, then the employer is not required to pay you for that time.

1 Answer | Asked in Employment Law for North Carolina on

Q: Why was I denied although state psychiatrist deemed me unable to work stable job

I was ordered to see state psychiatrist due to ADHD, social anxiety, bipolar, and other mental issues. State Dr. said to me he was deeming me unable to work a steady job that would provide stable income due to my emotional issues and bipolar. Yet I was denied. I am confused as to why. This was for... Read more »

Kirk Angel answered on Jun 12, 2019

This is posted in the Employment Law section, but I recommend posting it in the Social Security Disability section. I think it is imperative that you reach out to social security attorneys as soon as possible. I really cannot make a recommendation based on personal knowledge as I do not work with... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on

Q: Hello, is it against the law for a manager to ask and have a discussion about my medications with my coworkers?

I was out from work for 2 days because of my panic attacks. Today is the third day and my coworker just told me that my manager was asking him about my medications and in front of my coworker while I am not there. I am so embarrassed and upset that my manager is asking my coworker about my... Read more »

Kirk Angel answered on May 23, 2019

In this scenario, most like this is not unlawful. Employers with 15 or more employees are required to keep employee medical information once they receive such information from the employee or a third party on the employee's behalf (a doctor for example). However, asking about your medications is... Read more »

1 Answer | Asked in Employment Law and Collections for North Carolina on

Q: A former employer deposit funds in my account in error, am I obligated to repay those funds? What if I am unemployed?

A former employer called me in April and stated that for several months funds were deposited in my account. I checked my banking statement and he is correct. I left the company 8 months ago. Funds were deposited for 3 months. Funds were last deposited in November. I truly did not know that funds... Read more »

Kirk Angel answered on May 2, 2019

The employer can file a claim to get those funds back. If they do, they will then try to collect if from you.

2 Answers | Asked in Employment Discrimination and Employment Law for North Carolina on

Q: I am bullied daily at work. complained but no results. I have had severe emotional stress/suicidal thoughts. Can I sue?

Kirk Angel answered on Apr 20, 2019

Possible, but likely not. Workplace bullying is not unlawful in this state. The only time that you would be able to file a claim for bullying is if it arises to the level of unlawful harassment (pretty much synonymous with the term "hostile environment." Harassment is unlawful only if it is... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on

Q: Hi, I started working at a IGA store in my town where I noticed I was being underpaid the agreed wage rate.

I'm headed in for a meeting with the store manager later in the day, though my fear is that my request for being paid my lost wages and switching all my hours for the lower wage to the vastly superior wage. I'm an hourly worker and I have a few coworkers with a similar problem.

Kirk Angel answered on Apr 14, 2019

If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.

1 Answer | Asked in Sexual Harassment for North Carolina on

Q: Hello I am a 15 year old male and I feel like I am being sexually assaulted by an 18 year old male

Hello I am a 15 year old male and I feel like I am being sexually assaulted by an 18 year old male who has been touching me in places that make me extremely uncomfortable and I was wondering if it would still be illegal if I’ve never really shown any resistance

Kirk Angel answered on Apr 6, 2019

Sexual harassment is complex. There are specific laws that prohibit sexual harassment in certain situations such as employment or education. If this is your co-worker, or boss, or a classmate, then there are specific laws that apply and steps you can take. However, if this is someone you know in a... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on

Q: I am paid on salary. If my boss asks me to stay longer than my shift to train without pay. If I left, could he fire me?

My boss says the training is required, but it was not in my contract.

Kirk Angel answered on Feb 13, 2019

Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.

You mentioned a contract. If it is actually an enforceable employment contract,...
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1 Answer | Asked in Employment Law for North Carolina on

Q: NCDPS is sending a Letter of Overpayment when they terminated me, Didnt pay for a week of work or vacation leave.

i was ''Voluntarly Terminated'' during Hurricane Florence in NC and now i am receiving a letter stating that NCDPS overpaid me and that i need to may payments. I wasnt paid for a Week of work nor did i get paid for my leave days that were used during the Storm.

Kirk Angel answered on Jan 28, 2019

I do not see a question. However, if you really were overpaid, then the DPS can institute legal action to get that money back.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on

Q: I have a friend that's a manager an gets paid salery.. can they suspend him indefinatly without pay for getting arrested

Kirk Angel answered on Jan 14, 2019

Yes. North Carolina is an employment-at-wills state where an employer can take any action it wants against an employee for good reason, bad reason or no reason at all. As such, your friend's employer can suspend him at any time for any reason. Also, If your friend is not working, the employer is... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on

Q: Can a religious nonprofit that receives federal aid choose to not hire me because of a hearing disability?

They say they are an equal opportunity employer, but do not want to hire me because of hearing loss.

Kirk Angel answered on Nov 23, 2018

The employer may be able to based on a US Supreme Court case that expanded the "ministerial" exemption in employment law. It is a complex issue that you will need to consult directly with an experienced employment attorney about to get a specific answer.

1 Answer | Asked in Elder Law and Employment Discrimination for North Carolina on

Q: My 59 year old father recently lost his job.

The majority of his coworkers were decades younger, and he suspects he was ousted due to his age. How can he prove that?

Kirk Angel answered on Nov 4, 2018

Very complex question with no easy or simple answer. If he believes he was terminated due to age, he will need to file with the EEOC. However, it is very important for him to consult with an experienced employment attorney.

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for North Carolina on

Q: Can I file a suit against a business for unfair treatment?

Kirk Angel answered on Oct 8, 2018

Only if you have a legal claim.

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1 Answer | Asked in Employment Law for North Carolina on

Q: i am salaried and get no deductions for materials on my taxes i am considered an independent contractor or employee

I am provided with a company vehicle and wear company shirts. They pay worker comp insurance as of to date and also pay for all materials needed for the job . I do not have any control over profit or loss. They do not take out taxes. I am paid a flat rate weekly salary. We use to get a... Read more »

Kirk Angel answered on Sep 28, 2018

There is no one single definition of "employee." For example, the definition used by the EEOC is different from the definition used by the IRS. However, if the company is taking taxes out of your check then you are likely to be an employee. In general, the more control that is exerted over you, the... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on

Q: Could this be an example of unequal pay?

My male coworker is paid $17k more than me per year. I know because he left his paystub up on his computer screen, when he asked me to help him with something at this desk. We have the same exact job responsibilities. This person only has a couple more years of industry experience than myself and... Read more »

Kirk Angel answered on Sep 6, 2018

Paying a male more than a female may be a violation of Title VII of the Civil Rights Act which prohibits discrimination on the basis of sex and/or the Equal Pay Act which requires employers to pay females the same as males for the same work. However, there are a number of defenses possible under... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on

Q: can I force an exempt employee to take a week furlough with no pay if he’s the only one that will be off of work?

Kirk Angel answered on Sep 6, 2018

In general, under our Wage and Hour law, an employer is not required to pay an exempt employee's salary for any whole day the employee is absent from work for any reason. This is in general, so I recommend you consult with an experienced employer side attorney.

1 Answer | Asked in Employment Law for North Carolina on

Q: Withholding Pay

I worked for a cupcake franchise for 2 months and quit because the weren’t pay any employees correctly or providing pay stubs. Our time logs were all posted on an app so i have accurate records of what my paychecks were supposed to be as well and an excel spreadsheet of the checks they wrote... Read more »

Kirk Angel answered on Sep 5, 2018

If the NCDOL would not help, you only other option would be to file a lawsuit against them. You should consult with an attorney to discuss how best to approach a lawsuit.

1 Answer | Asked in Employment Discrimination and Workers' Compensation for North Carolina on

Q: Can you be layed off from work a couple days after coming back from a workers comp ingury?

Kirk Angel answered on Sep 3, 2018

Yes, you can be laid off or fired at any time for any reason. However, you may have a legal claim in certain circumstances. For example, if you are fired solely because you reported or filed a workers comp claim, if you were fired because you took FMLA time off work to deal with the on-the-job... Read more »

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