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Questions Answered by Kirk Angel
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
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... 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
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
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
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
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
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... 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
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
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
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
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... 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
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
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
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
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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my current employer legally post my job online even though I have yet to give my 2 weeks notice or get the new job?

Had an interview. Current employer got wind of possible other job.

Kirk Angel
Kirk Angel answered on Aug 31, 2018

Yes. Also, and in most cases your employer could fire you as well.

1 Answer | Asked in Employment Law for North Carolina on
Q: I have a question that no lawyers seem to know or would like to help me with. Can someone apply for jobs for another

Person on there behalf? Maybe using special forms, like a power of attorney?

Kirk Angel
Kirk Angel answered on Aug 28, 2018

There is no employment law that prohibits this. Frankly, people fill out job applications for others on a frequent basis, i.e. parents, spouses, guardians. The only real issue would be signing another person's name. To do that, you would need the other applicant's permission, a power... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: My husband and I were fired from the same business on the same day. He called in sick and was fired and I was told that

my coworkers didn’t like working with me so I was fired. Do we have a case?

Kirk Angel
Kirk Angel answered on Aug 27, 2018

North Carolina is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to put a tracker on a company truck without tell the employee
Kirk Angel
Kirk Angel answered on Aug 4, 2018

There is no employment law in North Carolina that prohibits an employer from putting a GPS on its vehicle without telling the employee.

1 Answer | Asked in Employment Law for North Carolina on
Q: 7/2/18 denied FMLA due to lack of MD appts in 12 mo period. 8/1/18 met req. # MD appts., 8/3/18 -terminated.

Never provided w/information on the amount of time required to "cure" lack of sufficient appointments/medical information.

Kirk Angel
Kirk Angel answered on Aug 4, 2018

I am not exactly clear what the facts are based on the post. However, if you were an FMLA eligible employee and you were terminated for either (1) time away from work due to a serious health condition or (2) retaliation due to your use of FMLA leave, then you may have a legal claim against your... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: I been working for my labor job for a year and they haven't offered me health insurance.

I'm suppose to be offered health insurance 90 days of employment. I got hurt a my job now my employer acting like they don't want to get me medical checked. Can I sue?

Kirk Angel
Kirk Angel answered on Jul 23, 2018

If you were hurt on the job, this should be covered under Workers Compensation. You may need to speak to a Workers Compensation attorney about this. However, you might be able to sue for health coverage depending on a number of different facts and whether you meet the terms of the employer's... Read more »

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