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.
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.
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... View More 
They say they are an equal opportunity employer, but do not want to hire me because of hearing loss.
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.
The majority of his coworkers were decades younger, and he suspects he was ousted due to his age. How can he prove that?
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.
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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.
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... View More
Had an interview. Current employer got wind of possible other job.
answered on Aug 31, 2018
Yes. Also, and in most cases your employer could fire you as well.
Person on there behalf? Maybe using special forms, like a power of attorney?
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... View More
my coworkers didn’t like working with me so I was fired. Do we have a case?
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... View More
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.
Never provided w/information on the amount of time required to "cure" lack of sufficient appointments/medical information.
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... View More
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?
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... View More
answered on Jul 23, 2018
This is a complex question and the answer will depend on the specific facts. However, in general if you work for a non-governmental employer, you may be able to sue if your employer has a policy of offering health insurance after 90 days to all employees in the same job category as you and you meet... View More
Is it legal to deduct over $150 from my paycheck, dropping me to $3/hr, and without telling me until the moment my employer gave me my check?
answered on Jul 15, 2018
Not if you are an employee. The wage and hour law covering employers in this state require the employer to give notice of a pay change before the work is performed. Employers must also must pay minimum wage and $3.00 is well below minimum wage. You can contact the North Carolina Department of... View More
they have messed up my paycheck since i started i get paid 15 hrly but one paycheck says 14.99 and its like they are not trying to pay me the overtime im owed, ive been going to the doctor for a medical reason regarding me working for the employer but he sees me as a health risk and he wants me to... View More
answered on Jul 11, 2018
If your employer is not paying you the promised wage, and has not notified you in writing that the promised wage changed, then you can file a claim for the unpaid portion. In this case it appears that would be one cent.
In general, just talking to you about resigning or even encouraging you... View More
Of her salary for this period and there qrtly bonuses. She called just to find out how much and they would not release any payroll info. In NC. Are they not obligated to at least tell you what is owed upon termination?
answered on Jul 5, 2018
No. The employer is not obligated to tell her how much she is owed. However, it is required to provide her with a paystub when she receives her pay.
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