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... Read more »
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... Read more »
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....Read more »
My husband started with a company last year. The company cut his pay 10% due to covid even though their sales have gone up. Then a couple weeks later they switched him to hourly. They said by the 10th of this month he would have his 10% back and now are refusing to raise pay back up. Also, the boss... Read more »
Yes. It is always lawful to switch a person from salary to to hourly. However, it may not be lawful to switch an employee from hourly to salary. It is also lawful to reduce an employee's wages with a couple of caveats. First, the reduction cannot be below the required amount, i.e. minimum...Read more »
Please read 25 NCAC 01J .0611 DISCIPLINARY SUSPENSION WITHOUT PAY.
Attorney in Fayetteville routinely suspends employees (without cause) then allows them back then suspends them again and again hoping employees will quit. Either way...suspended employee or employee who quits is not able to... Read more »
I am confused by this post. Are you saying you are a state employee? 25 NCAC 01j.0611 is part of the NC State Human Resources Act which applies to state employees only. A state employee would be advised of a suspension. What does the attorney in Fayetteville have to do with that? Is the attorney...Read more »
There is no specific "legal" way for an employer to terminate your employment or communicate suspensions etc. They can tell you in person, call you text you, or communicate it in any other way. In fact, that can communicate it non-verbally such as by changing the keys to the facility or...Read more »
I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... Read more »
If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend....Read more »
I mean he serve special needs he don’t read or write only his name alittle not only did he work there for 15 yrs the fired him for eating a piece of ham he didn’t pay for but honestly I feel it was paid in full by never having a raise and it’s not a mom and pop restaurant it’s k and w there... Read more »
Unfortunately, minimum wage is currently $7.25 per hour and the law does not require pay increases except when the minimum wage increases. Now, if they did not pay him for all hours worked or did not pay him for overtime worked, he still might have a claim.
I tried to report sexual assault incident at my former college. The police officers lied to me about several things and when I met with them for the last time they tired to blame me for being assaulted and them closing the case without giving me a way to submit evidence. When I tried to contact... Read more »
It is a complicated question to answer and will depend on exactly what happened. However, in general, colleges are liable for sexual assault pursuant to Title IX where they were aware of the harasser's likely conduct or did not take sufficient steps to address reports of sexual assault.
Employer is aware I’ve been in recovery from alcohol for 4 years. I’ve been on the leadership team with the company since I started over 3 years ago. An Instagram post from our company that read “team building for Thursday night” with pictures of beers in bags is how I discovered the... Read more »
Send a letter to the other party's attorney telling them you need the answer within a certain period for example 10 days or two weeks of the date of your letter to them. Offer to talk about the information and why you need it. See if you can work out a deal to get all the information or your...Read more »
Yes, and the employee can be fired for missing work even if the doctor gives a note. The only exception is if the child's condition meets the definition of serious health condition under the FMLA and the parent is an FMLA eligible employee with remaining FMLA leave.
Every contract has to have consideration to support it. Therefore, if there is no consideration, there is no contract. A couple of things to note. First, consideration is anything of legal value and not just money. Second, even if the contract is legally unenforceable, the employer may file a...Read more »
I have been employed by Walmart since January of 2018 and I have ran this question through my head countless of times and finally realize something isn't right. Like many other corporate companies they are focused on profit and anyway of making a bigger one. Needless to say overtime is the... Read more »
Not sure that I completely understand what you are asking or why you think this is working for free. The wage and hour law requires an employer to pay an employee for all time worked unless the employees is salaried exempt. If you work over a scheduled shift or ending time, but your hours are...Read more »
My father always completes all of his work he has never been written up. Lately he has been having back and hip problems and yes he has slowed down from when he was 20 but he completes every task asked of him. And today HR contacted him and said that he had to get a note from a doctor today to be... Read more »
In general, yes. North Carolina is an employment-at-will state where an employee can be fired at any time for good, bad or no reason at all. If he is not performing upto the employer's expectations, then he can be fired and that would be considered a "good" reason. However, if he is...Read more »
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,...Read more »
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?
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 »
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.
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 »
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 »
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