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Questions Answered by Kirk Angel
1 Answer | Asked in Employment Law for North Carolina on
Q: When terminated by employer and when employee ask for justification of termination, by law is the employer supposed to

explain the reason for termination to the employee?

Kirk Angel
Kirk Angel
answered on Jun 30, 2018

No. The law in North Carolina does not require an employer to provide a reason for termination.

1 Answer | Asked in Employment Discrimination for North Carolina on
Q: Can I sue my place of employment for retaliation and discrimination?

Hello,

My boss and I got into a heated disagreement. Afterwords I told my co-worker I needed to leave because I was so upset . The next day I reached out to another co-worker to cover my shift which is protocol when we know we'll be calling out. The next day my boss sends me an e-mail... View More

Kirk Angel
Kirk Angel
answered on Jun 20, 2018

If you did not resign, I would not "hand in a resignation." However, your employer has the right to just fire you instead. This may be retaliation, but it would not be unlawful retaliation for which you can file an employment claim. As for the discrimination, if you have lost your job... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: When it comes to an eeoc investigation and or lawsuit matters, can the surveillance footage of the building be used?

I documented date and time of employee discrimination incidents because I know it is being recorded. It is the security surveillance of the building. It's recorded daily. Give them date and time, they can pull it up.

Kirk Angel
Kirk Angel
answered on Jun 19, 2018

You may be able to use the video if you have it. If you have an EEOC proceeding, let the investigator know you have the vide and offer to submit it to him/her. As for court, you would have to demonstrate several things to the Judge including that the video is what it purports to be (i.e. is the... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: my employer paid me too much last week. can they take it out of my next check, even though it was their mistake?

There was a mistake on my time sheet, and I basically got paid for 40 hours when I had only worked 20. My boss realized the mistake a whole week before I got the check, but he never told me I would be paid too much money. what is legal here?

Kirk Angel
Kirk Angel
answered on Jun 10, 2018

Yes. The law allows the employer to recover erroneously paid wages directly from the employee.

1 Answer | Asked in Employment Law and Civil Rights for North Carolina on
Q: I am paid 50% commission wage. The owner of the grooming shop I work at refunded the $ and is refusing to pay me?

I am an employee and she takes the taxes out of my check I do not fill out a 1099

Kirk Angel
Kirk Angel
answered on Jun 3, 2018

It depends on what the wage agreement, or promised wage, is with your employer. If the agreement is, for example, that you will be paid 50% of the gross of amount of all services, there is an argument that you should get paid whether the employer does or not. If the agreement does not say that,... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Can u be terminated for being a waitress and serving alcohol and being on parole but your parole officer says it's ok
Kirk Angel
Kirk Angel
answered on Jun 3, 2018

Yes. Your parole officer has no control over the employment law in this state. This state is an employment-at-will state where an employee can be fired at any time for any reason. Your employer no duty to consult with, agree with, or listen to the parole officer with respect to reasons for... View More

1 Answer | Asked in Employment Discrimination for North Carolina on
Q: Can I be terminated from a job bc the boss says a ALE officer says I can't if I'm a server and I bring alcohol to table

Bc I'm on parole

Kirk Angel
Kirk Angel
answered on Jun 3, 2018

Yes. North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all. It does not matter whether the ALE officer says you can bring the alcohol or not as your employer can fire you either way.

1 Answer | Asked in Employment Law for North Carolina on
Q: I am a non- exempt employee and my manager changed my time sheet. What actions should I take for her unlawful doings?
Kirk Angel
Kirk Angel
answered on May 28, 2018

I think you posted this before. There is no legal claim for changing the timesheet. If she changed the timesheet, and that change resulted in you not being paid for time worked, you should report it to management/HR and you would have a legal claim for the unpaid time.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: What rights do I have being sent home from work due to a doctor's note, yet I am still able to perform many job duties?

I am an employee in NC who has injured a toe and have received a doctor's note to "avoid prolonged periods of standing" at work for 1 week. My employer has told me I cannot come into work all week because of this, even though many of my job duties include working at a desk where no... View More

Kirk Angel
Kirk Angel
answered on May 28, 2018

Employers in this state are not required to honor doctor's notes or change, modify or remove any job duty due to a health/medical condition unless same is covered by the FMLA or the ADA. It is hard to tell if your situation is covered by either law from these facts, but my guess is that it is not.

1 Answer | Asked in Employment Law for North Carolina on
Q: Can an employer in SC read texts, or listen to conversations, or GPS track a company cell phone without informing you?

I work in SC and live in NC, and take phone home.

Kirk Angel
Kirk Angel
answered on May 28, 2018

You need to also post this in the South Carolina section to see what laws apply there. However, there is no employment law that prohibits any of these acts in North Carolina.

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my SC employer read text messages, listen to phone calls, and GPS track a cell phone they issued without my consent?

I work in SC and live in NC, and carry phone all the time.

Kirk Angel
Kirk Angel
answered on May 28, 2018

You need to also post this in the South Carolina section to see what laws apply there. However, there is no employment law that prohibits any of these acts in North Carolina.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: NC Labor Laws and Employer

If you have provided medical accommodations information regarding your bathroom breaks can a job request that you make up time

Kirk Angel
Kirk Angel
answered on May 28, 2018

North Carolina has no law that applies to this situation and only the federal Americans With Disabilities Act applies. In short, yes they can request you make up the time.

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer decided to change a policy by telling upper management to verbally relay the message to us.

Our managers took a trip to corporate, & the CEO told our district manager to let the employees know that if the cash drawer has a shortage, the person assigned to close the drawer that night will receive a write up and have to pay it back.

There are multiple people who use the cash... View More

Kirk Angel
Kirk Angel
answered on May 28, 2018

It would not be lawful for them to deduct if from your pay (directly) without your signed acknowledgement. However, they could simply say "pay it back or be fired." As you noted, this is an employment-at-will state where an employee can be fired for any reason. You cannot sue them for... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: I received a message saying that my time sheet has been changed. Isn’t that illegal to change someone’s time they worked
Kirk Angel
Kirk Angel
answered on May 28, 2018

It is not unlawful to adjust or change a timesheet in general. It is unlawful not to pay you for time worked if you are a non-exempt employee.

1 Answer | Asked in Employment Law for North Carolina on
Q: I recently quit my job and was only paid minimum wage for hours worked the previous pay period before quitting .
Kirk Angel
Kirk Angel
answered on May 24, 2018

The employer is not required to pay more than minimum wage unless it promised you a specific higher wage or you were entitled to overtime. The first question is: were you being paid more than minimum wage before that pay period? The second question is: if so, did the employer notify you of the... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: I had to go to court to testify. And for missing 3 hours my boss fired me. I had let him know the same day i got served.

Can my boss fired me. I lost my job , now my home everything. He was yelling at me told me i should have keeped my stupid mouth close .and i had worked there for 10 years.

Kirk Angel
Kirk Angel
answered on Apr 6, 2018

This is a complex question and you will need to speak directly to an employment attorney so that s/he can get more information about the situation. However, more than likely this is a violation of the law although I cannot be sure at this point. Do not wait; consult with an experienced employment... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Can a company give false information to keep one for getting unemployment

I have solid proff of negligence of false termination and false information was given to NC unemployment to keep me from getting it

Kirk Angel
Kirk Angel
answered on Mar 31, 2018

Can a company give false information to the NC Department of Employment Security? Yes. If it is given under oath, such as during a hearing, the DES possibly could pursue perjury charges. If you still have an active claim and/or your time to appeal has not expired, then you can give the DES the... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer takes an hour away from employees each day whether they take a lunch break or not. Is this legal?

We work 10-12 hour shifts and only get paid for 9-11 whether a lunch is taken or not.

Kirk Angel
Kirk Angel
answered on Mar 28, 2018

That is wage theft and it is unlawful. You should consult with an experienced employment attorney as soon as possible to discuss your options. Keep in mind that attorneys are prohibited from contacting you, so you must reach out to the attorney of your choice.

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal in the state of North Carolina to record a disciplinary write up?
Kirk Angel
Kirk Angel
answered on Mar 11, 2018

Not sure I understand your question. If you are asking if someone can legally audio record a meeting where an employee receives a write up, the answer is yes. North Carolina is a "one party consent" state which means any participant to a conversation can record with or without the other... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can an employer deny my doctor's request for limited hours?

HR and Employee Relations have had to intervene on my behalf back in Dec and Jan due to my boss retaliating against me by giving me additional work not given to the rest of the team. It's a long story, but eventually my stressful work environment took it's toll and I had an anxiety... View More

Kirk Angel
Kirk Angel
answered on Mar 8, 2018

In general, yes your employer can deny the doctor's request. If you are covered by the Americans With Disabilities Act, the employer has a duty to consider reasonable accommodations for your condition (with or without a doctor's note). The decision on whether the employer has a duty to... View More

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