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Recently dismissed from a company after 15 years without incident or cause. I am a mid 40s, white female. Was told "the brand is moving in a different direction." And yet, the current supervisor (white male) filled the same position with one of MY former employees (white male).
answered on Mar 1, 2018
Yes, unless the reason the male was placed in your former position due to sex. If you allege that it is due to sex, you will need sufficient evidence to prove sex was the reason. You have 180 days from the incident of alleged discrimination to file a charge with the EEOC.
N/
answered on Feb 21, 2018
Your employer is legally allowed to change your pay at any time as long as it is paying you at least minimum wage. The law requires the employer must notify you of any change in writing before the change occurs when you are continuing in the same position. This situation is more complex because... View More 
I resigned from my job and returned their equipment. I fulfilled my obligation and was given the incorrect mailing address (zip code). I called several times with the carrier to correct the mistake and I also informed the manager with a screenshot of the info I was given. They apologized for giving... View More
answered on Feb 20, 2018
This actually is not an employment law question. This is simply a matter of having property that does not belong to you that needs to be return. In general, yes, they can expect you to return their property regardless of the cost or the reason for an additional cost. I recommend you speak to... View More
I was laid of as a Project Controls Manager but in the HR database is still my old title Project Analyst. Former Supervisor refused to correct the title in the system while I was employed. I am concerned that potential future employers call my last employer and get the impression that I make false... View More
answered on Feb 20, 2018
Yes. Unless there is a specific law against its release (and there are few such laws), then the employer tell a future employer anything it wants about your employment. Even if untrue.
I negotiated 6 months severance upfront, paid over 6 months for company cash flow reasons, and have it in writing in my contract. I was laid off and the company agreed to pay. Now with the last couple of payments left they want to take it back saying that there was an outstanding invoice from a... View More
answered on Feb 20, 2018
Get an experienced employment attorney to review the agreement and consult with you as soon as possible. Do not delay as it could prejudice your rights.
This job reqiures training and is not a sanitary position.
A truck driver by hire; and cleaning out a man hole by force
answered on Feb 18, 2018
Can you be forced to do a job that is not your normal job? No. The employer has no legal way to force you. However, you can be fired if you refuse to do such a job. In these situations, I always recommend the employee access the importance of continued employment. If you do not need the job,... View More
Company conduct policy prohibits the release of information pertaining to quality of work or conduct - even if former employee requested you be a reference. New employer requires reference. Former manager wants to help former employee get a new job - speaks as personal reference (not company... View More
answered on Feb 17, 2018
Yes. North Carolina is an employment-at-will state where an employee can be terminated at any time for any reason; good reason, bad reason or no reason at all. Your former manager could be fired for doing the reference.
On friday Jan 26, I called out of work experiencing a an episode where I almost passed out due to high blood pressure. I went to urgent care and provided a note, as requested, to my manager. On January 31st, I had to call out again because of another episode. I went to the ER as instructed by... View More
answered on Feb 15, 2018
You may have a claim under the FMLA or possibly the Americans With Disabilities Act. I cannot tell for sure based on these facts alone. You should consult with an experienced employment attorney as soon as possible.
Keep in mind that attorneys, including attorneys on this site, are not... View More
and they wouldnt use my vacation but thats exactly what ended up happening, now I know that's likely not worthy of a case....but they also had paperwork from the hospital i was in and ended up losing it and it was actually sitting in front of them for 3 weeks... so we basically had to wait and... View More
answered on Feb 14, 2018
Unfortunately, the law does not require employers to pay employees for time off while using FMLA leave. Generally, employees will only be paid under FMLA leave if they have available PTO or if they have some type of short term disability policy that would provide coverage.
We were basically fired and rehired with no orientation, no paper signing and the name on our checks have changed from the last owners name to his. We have had no orientation, have signed no paperwork but basically work for a new business. We looked at our checks to see that our pay went down.
answered on Feb 12, 2018
Yes. A new employer is not bound by the old employers pay policies. If you had stayed on the payroll of the old employer, it would have been able to change your pay as well. However, it would have had to give you written notice before the pay period with the reduced wages began.
The employment agreement stated that if I dont give an 48 hour notice prior to quitting, my last check will be reduced to minimum wage. I signed this prior to being offered employment.
answered on Feb 12, 2018
Yes, if it was agreed to in writing before the pay period in question.
We had been celebrating at our parent company overseas, but I went to bed. They continued. I was awaken by loud knocking on my hotel room door. They entered when I opened the door to see what the ruckus was. They stayed, emptied my honor bar and would not leave for 10-20 minutes. I was only... View More
answered on Feb 12, 2018
I do not see an legal claim based on these facts alone. However, if there is a possible legal claim, you may have waived your right to relief if the severance agreement contained a "release of claims."
I excelled at my job and my general manager has written a glowing letter of recommendation. There was no reason for my dismissal. I never broke any rule, showed up on time and the customers were thrilled with me. There was also a problem with my lunch break, I was scheduled for 1/2 hour, but my... View More
answered on Feb 9, 2018
North Carolina is an employment-at-will state which means you can be fired for good, bad or no reason at all. Therefore, your employer does not need just cause to fire you. If you were fired after you brought the matter about the lunch hour deduction to their attention, you might have a claim for... View More
answered on Feb 4, 2018
If your employer has 15 or more employees, it is covered by the Americans With Disabilities Act. The ADA requires employers to keep employee health and medical information confidential. Such information can only be shared with folks who need to know. You can get more information from the US... View More
answered on Feb 1, 2018
Under both state and federal wage and hour law, an employer may deduct pay from a salaried exempt employee for any full day that the employee did not work. The employer may not deduct if it is less than a full day. Therefore, if the employee was absent the full day, the employer may deduct the... View More
I was told by management if I did not sign the form, it would pushed through anyway and my pay lowered even without my consent and signature. The HR document has a place for my signature and underneath it says "team member signature required if a pay decrease". Can they legally do this if... View More
answered on Jan 29, 2018
Yes. Employers in North Carolina can change (including lower) your pay at any time as long as they give you written notice before the change is made. No, there are no legal ramifications and you do not have a case based on these facts.
n tips.
answered on Jan 29, 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
discrimination? I work in healthcare. Myself and the HR person was told by my manager, light duty was reserved for employees injured on the job. I had surgery in October and remained on short term disability for 6 weeks which created a hardship for my family. But the manager allowed another... View More
answered on Jan 17, 2018
Not automatically, but it does suggest unlawful discrimination. I recommend consulting with an experienced employment attorney to help you determine whether it was unlawful discrimination and to discuss your options moving forward.
I felt really uncomfortable but did not say anything. Comments where not for me. What are the steps I should take to report this behavior. What are my options?
answered on Jan 13, 2018
Not really sure what options you have. I recommend looking at your employee handbook and/or speaking to HR.
However, racist or discriminatory comments on one occasion are not, by themselves, unlawful. To be unlawful harassment, the comments would have to be repeated on multiple occasions... View More
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