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Questions Answered by Kirk Angel
1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for North Carolina on
Q: Do I have the right to NOT answer the ? if I have had the covid vaccine to my employer?

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?

Kirk Angel
Kirk Angel answered on May 22, 2021

You do not have to answer. However, the employer can terminate you for not answering.

2 Answers | Asked in Employment Law for North Carolina on
Q: Can an employer drop the pay for the hours you already worked to minimum wage if you quit without a two week notice
Kirk Angel
Kirk Angel 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.

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2 Answers | Asked in Employment Law for North Carolina on
Q: I sale cars at a lot owned by a huge dealership. I was given a raise last month, now they want to take it back.

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... Read more »

Kirk Angel
Kirk Angel 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... Read more »

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1 Answer | Asked in Employment Discrimination and Sexual Harassment for North Carolina on
Q: Can i report harassment for someone else if theyre afraid or ignored after they complained and got fired for complaining

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... Read more »

Kirk Angel
Kirk Angel answered on Dec 12, 2020

Sure you can. But your girlfriend needs to consult with an employment attorney immediately.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: A mother of a child with special needs missed work to take her child to the hospital & was fired. Wrongful termination?

The child has special needs and had an accident at home. Mother was fired because she was taking care of her child's needs.

Kirk Angel
Kirk Angel 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.

1 Answer | Asked in Employment Law for North Carolina on
Q: I am a teacher that was given permission to teach remotely until June. Can my principal force me to come back in person

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... Read more »

Kirk Angel
Kirk Angel 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.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I did FMLA leave 12wks I asked for more time was told no and if I don’t return it’s voluntary resigning, is this legal?

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... Read more »

Kirk Angel
Kirk Angel 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... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Should I allow a hearing to be recorded after being terminated from my job? The Town attorney will be present.
Kirk Angel
Kirk Angel 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.

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Intellectual Property for North Carolina on
Q: I was promised in writing equity for part of my comp. I was fired for no reason due to owner and outside persons action

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... Read more »

Kirk Angel
Kirk Angel 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.

1 Answer | Asked in Employment Law for North Carolina on
Q: My husband and I work for a gym where we both signed a non compete for 2 years upon getting hired. It is an

independently owned franchise and the owner is selling to a new owner. Can the new owner enforce the non compete?

Kirk Angel
Kirk Angel answered on Oct 29, 2020

More than likely. However, you should get it reviewed by an attorney.

1 Answer | Asked in Employment Law for North Carolina on
Q: I took my son to the doctor yesterday. He has Mono and his spleen is enlarged and the doctor is worried it will rupture

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 »

Kirk Angel
Kirk Angel 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).

1 Answer | Asked in Employment Law for North Carolina on
Q: Boss is forcing me to give 2 weeks & the reason is not performing according to his expectation.

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 »

Kirk Angel
Kirk Angel 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.... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to switch someone from salary to hourly?

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 »

Kirk Angel
Kirk Angel answered on Jul 29, 2020

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: Kirk Angel: Do you know Dept of Labor law regarding suspending employees? You said there's no legal way it must happen

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 »

Kirk Angel
Kirk Angel answered on Jul 11, 2020

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: HR txt: "You are suspended (not terminated) without pay until further notice. We will let you know when you may return."

No disciplinary actions ever. Is the txt legal and am I entitled to unemployment?

Kirk Angel
Kirk Angel answered on Jul 11, 2020

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 »

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

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 »

Kirk Angel
Kirk Angel answered on Jul 1, 2020

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 »

1 Answer | Asked in Employment Discrimination for North Carolina on
Q: Hi my dad is special needs and he worked for this place for 15 yrs and they only paid him 7.25 the whole time can we sue

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 »

Kirk Angel
Kirk Angel answered on Jun 4, 2020

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.

2 Answers | Asked in Education Law and Sexual Harassment for North Carolina on
Q: Can I make a case against my school for purposely messing up a sexual assault case?

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 »

Kirk Angel
Kirk Angel answered on May 18, 2020

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.

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1 Answer | Asked in Employment Law for North Carolina on
Q: My employer did not invite me to a team building Virtual beer tasting, I don’t drink but I am on the leadership team

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 »

Kirk Angel
Kirk Angel answered on May 6, 2020

You did not post a question. However, by itself, there is nothing unlawful about the employer not inviting you.

Q: If a respondent objects to answering interrogatories on grounds of broad, burdensome, how can I respond to get the info?

95% of my requests were responded this way. I am pro se in arbitration in a labor case on issues of discrimination, retaliation, and constructive discharge. I have no money for an attorney.

Kirk Angel
Kirk Angel answered on Apr 26, 2020

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 »

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