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Questions Answered by Ina Shtukar
1 Answer | Asked in Employment Law for North Carolina on
Q: A person is accusing me of taking a picture of them without their knowledge, but in the picture it shows them in poses?

They never asked me not to take their picture?

Ina Shtukar
Ina Shtukar answered on Jun 24, 2021

I am lost. Could you please give more context. What is your employer's position? Or is it even related to your employment? It is not illegal to take a picture of someone in a public place.

1 Answer | Asked in Employment Law for North Carolina on
Q: Hello, I’m inquiring on whether I was wrongfully terminated from Zoom Drain.

I was discharged from Zoom Drain last Thursday while I was on vacation. On Wednesday it was communicated to me that one of the 4 of us working there was a confirmed covid 19 case and they weren’t requiring anyone to get tested as long as they didn’t feel sick. I inquired because I know that’s... Read more »

Ina Shtukar
Ina Shtukar answered on Jun 24, 2021

More information is needed but it sounds like you may have a claim.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can my employer force me to take FMLA when the physician recommended an accommodation that is under ADA?
Ina Shtukar
Ina Shtukar answered on Jun 24, 2021

No. The employer cannot force you to take the FMLA leave. If both ADA and FMLA apply, you are entitled to pick the more beneficial option. Sounds like you may need to contact an attorney.

2 Answers | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »

Ina Shtukar
Ina Shtukar answered on Jun 24, 2021

My question is why were you let go? You may have other employment related claims besides the Wage and Hour Act. For instance, if you were terminated in retaliation for your request to be paid as promised, you may have a wrongful termination and REDA claims. Provide more details please.

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2 Answers | Asked in Employment Law for North Carolina on
Q: How long can a previous employer legally expect payback for income that was accidentally overpaid during employment?

The amount overpaid was under $2,000. There is no contract stating the overpayment would be paid back.

Ina Shtukar
Ina Shtukar answered on Jun 24, 2021

The employer can recover the overpayment. I would advice the employee to return the money to avoid being accused of stealing it. Once you are on notice that you are not entitled to the overpayment and still refuse to return it, this could rise to conversion (stealing). It does not matter that there... Read more »

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2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Can you get fired for wanting to be sent home after requesting payment that was never received?

I am a traveling worker & I was sent to work at a site. They have trouble paying people. So I told the site manager & regional manager that I haven't been paid. The site manager eventually quit so all I had was the regional one to deal with. He told me that he already paid me on a card... Read more »

Ina Shtukar
Ina Shtukar answered on Jun 24, 2021

There is a lot going on here. Wage and Hour Act appears to have been violated in addition to REDA, retaliation claim. You should contact an attorney.

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3 Answers | Asked in Workers' Compensation for North Carolina on
Q: Can I file workers comp for an injury that occurred at work while I was still employed there in February ‘19?

My employer was aware of my injury as it happened in front of him but I did not file a claim at the time. There were multiple witnesses and I did have to go to urgent care due to this injury. I have record of that visit. This injury continued causing problems for the next two years including... Read more »

Ina Shtukar
Ina Shtukar answered on Jun 24, 2021

More information is necessary to properly assess your case. One thing is clear - you have to move fast and not sit on this one any longer. You will need an attorney.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I am a nanny and flying out with my boss for work, my visa is expired, passport still valid, can I still fly domestic

I am a nanny and my boss asked me to fly out with them in June to help take care of the kids. But my visa and I94 has expired and my Passport is still valid. We are flying domestic and wanted to know if I can still fly using my passport or will I get flagged at TSA for using my passport. I am in... Read more »

Ina Shtukar
Ina Shtukar answered on Mar 25, 2021

When did you file for a T-visa? If you filed before your other visa expired, you should be "in status" while your application is being considered. Which visa was it, by the way? It would be helpful to know how you were admitted to the US, since you claim that you are a victim of... Read more »

1 Answer | Asked in Divorce and Immigration Law for South Carolina on
Q: I am seeking a divorce from a non-citizen. He was deported over 4 years ago. Which type of divorce should I file for

Married less than 1 year when deportation occurred.

Ina Shtukar
Ina Shtukar answered on Mar 25, 2021

While you were married for a short period of time, I do not believe that annulment is an option. File for an absolute divorce. I do not think this will be an issue in light of the circumstances. You do need to speak to a SC family law attorney, since serving your former spose could be an issue. Was... Read more »

1 Answer | Asked in Workers' Compensation and Employment Discrimination for North Carolina on
Q: My former boss is trying to make me pay for being taken back to my car when I quit

My former employer is telling me I have to pay for the gas, time and usage of a company truck to take me to my car because I quit on a job site

Ina Shtukar
Ina Shtukar answered on Mar 25, 2021

This is not a workers' comp question, but employment law instead. The answer will depend on the arrangement you had with your employer in regard to the use of the company vehicle. Were you given a company vehicle to drive? Did you also get a gas card? Were you allowed to take the vehicle to... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status)

Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status) through marriage based green card. Exipiration of i94(b2) is a about month away. What if there is a delay in reciept of notice, should we file for i539 just in case, before her expiration/before... Read more »

Ina Shtukar
Ina Shtukar answered on Mar 25, 2021

I agree with my colleagues. I also recommend hiring an attorney. USCIS sometimes takes a position that an applicant misrepresented their intent, if they enter on a B2, which could lead to a denial of your I-130 petition based on misrepresentation. Schedule a consultation! Immigration law is very... Read more »

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1 Answer | Asked in Employment Law for North Carolina on
Q: My wife recently transferred to a new dept. She had mandatory training, if you missed more than 8 hours you would be..

terminated. She was hospitalized for a severe infection, missed a 6 days. They are now asking her to resign so she is rehirable in 60 days when a new job MAY be open. We are afraid she would be denied unemployment, if she resigns. They said they could also terminate with cause. Not sure the best... Read more »

Ina Shtukar
Ina Shtukar answered on Mar 11, 2021

Yes, if your wife resigns voluntarily, she will likely be denied unemployment benefits. Was her infection in any way connected to her employment? Is she able to work now? She could be entitled to workers' comp benefits. I am not clear why her employer is asking her to resign. This could give... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for North Carolina on
Q: I’m facing a larceny by employee class h larceny felony, I have no criminal record at all, was told there was video

However, I was never read my Miranda rights when first arrested and never was until I was in front of the judge for my very first ever court date... a day later. I’m not sure what to do as this is my first ever run in with the law.

Ina Shtukar
Ina Shtukar answered on Feb 24, 2021

You should retain a criminal defense attorney. He or she may be able to make all the difference. Do not face this alone! Once the case is resolved, you could probably expunge it. Good luck!

3 Answers | Asked in Immigration Law for North Carolina on
Q: I was married in Florida. Can you still represent me? If so, could I get an estimate of the price include all paper work
Ina Shtukar
Ina Shtukar answered on Feb 24, 2021

I agree with my colleagues. Check out some immigration attorneys and schedule a consultation - virtual or in person.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I married an American citizen it’s been 2 years of marriage. My husband abandoned me, can I apply for green card?
Ina Shtukar
Ina Shtukar answered on Feb 22, 2021

Absolutely. You do need an attorney to guide you through this process as you might have to adjust your status as a "battered spouse." Physical abuse is not a requirement - it can be purely psychological in nature. Abandonment would fall under the category of "extreme cruelty."... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: Can I (USC) marry my Mexican fiance in the US with his B1/B2 visa. Then return to Mexico for the immigration process?

We want to marry here in the USA. He will need to return to Mexico because of his job. I plan to go back with him after the wedding, and we will start the 1-130 Spouse visa petition from Mexico. Can we get married here with his tourist visa?

Ina Shtukar
Ina Shtukar answered on Feb 22, 2021

As long as your fiance is not out of status (his visa hasn't expired), you can certainly get married here in the US. The best part is that he does not need to leave the country to adjust his status. In addition, while it may not impact your case, the Biden administration is working on changing... Read more »

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1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: If I wanted to use pura vida yoga for my business name, is that okay?

I have a yoga clothing business. The name is pura vida yoga. Will that be in conflict with this trademark.

Ina Shtukar
Ina Shtukar answered on Feb 15, 2021

I am a bit confused. From a business prospective, you are free to choose any name you want. On the other hand, you may be violating (infringing) some intellectual property laws, if your brand name is too similar to another brand. Talk to an intellectual property attorney.

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer cut my salary 10% due to moving from NV to NC, which have similar cost of living. Do I have any recourse?

I work remote and moved from Las Vegas, NV to Cary/Apex, NC to try to live a more green and active lifestyle while keeping *some* costs slightly down, however, cost of living is not that much different in both these areas, yet my employer cut my salary 10%. When I asked if they could provide more... Read more »

Ina Shtukar
Ina Shtukar answered on Feb 13, 2021

Do you have your employment contract handy? I would need to examine what was promised to you at the time you accepted employment. NC Wage and Hour Act may have been implicated, here if your employer failed to pay wages as promised.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can I sue for an employer giving me grief and writing me up due to school schedule issues caused by COVID?

I am being constantly harrassed by my employer due to the fact that I have kids, and the current school schedule has caused me to be late. I have also requested the same schedule that has been allowed for another employee, but was denied the same curtesy.

Ina Shtukar
Ina Shtukar answered on Feb 13, 2021

Are you a member of a protected class? Based on race, color, national origin, gender, age, or disability? If you are a female and your coworker is a male individual, you could have a potential claim for discrimination. Similarly, if you are an African American and your coworker is white, you may... Read more »

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 »

Ina Shtukar
Ina Shtukar answered on Feb 13, 2021

You need to talk to an attorney. Employer cannot change the policy to eliminate earned/accrued benefits such as your commission. Moreover, any policy changes affecting wages require advanced notice. Generally speaking, employer may change things going forward but not backwards. What your employer... Read more »

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