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Questions Answered by Ina Shtukar
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... View 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... View More

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2 Answers | Asked in Construction Law for North Carolina on
Q: Can GC refuse to pay a change order if the work was performed but the change order wasn't turned in by a specific time?

We are subs on a job in NC. The GC, from out of state, needed extra work done, which we did on good faith basis without making them sign a change order before we did the work. Now they are saying since the change order wasn't turned in by a certain timeline, they don't want to pay it... View More

Ina Shtukar
Ina Shtukar
answered on Feb 15, 2021

There are a number of options to secure a payment for work already performed. In certain circumstances you may be able to bypass GC and go directly to the owner of the project. I don't typically handle construction law matters but I would take a look at it for you, as there is enough at stake... View More

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2 Answers | Asked in Employment Law for North Carolina on
Q: Can a employer probibit coworkers from dating? And fire one or both of the employees if they do?
Ina Shtukar
Ina Shtukar
answered on Feb 13, 2021

Unfortunately, dating is not a protected activity, so yes, your employer can terminate you based on that. In NC and many other states, employer may terminate employee for any reason or no reason at all as long as it does not violate any public policy. Dating does not implicate any public policy.

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1 Answer | Asked in Employment Law for South Carolina on
Q: If a company will not acomodate my restrictions when returning from STD can I quit w/o paying back benefits?

I had Bi knee replacement and my STD ended 12/22. LTD is still pending. My Dr. Released me back to work with restrictions, the company will not accomodate them. If I quit will I be liable to pay back benefits that the company paid while I was on company leave?

Ina Shtukar
Ina Shtukar
answered on Feb 9, 2021

I practice employment law in NC, however, I would not quit my job voluntarily, if I were you. Voluntary resignation will likely preclude you from asserting potential employment and workers' compensation claims you may have. Moreover, you would probably be giving up your potential right to... View More

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My friend's boss was covid positive last week Thursday, but he showed up to work today on Monday. He won't leave too.

How can she protect herself and her co-workers and does she have a legal case?

Ina Shtukar
Ina Shtukar
answered on Feb 9, 2021

Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of... View More

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