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Earlier this year I signed a contract containing a non-compete as a 1099 worker. The job is not working out due to not receiving adequate referrals from the company to financially sustain my responsibilities and livelihood. I am seeking employment elsewhere and am trying to figure out if it’s... View More
answered on Oct 8, 2024
You have identified at least 2 important issues. First, you may or may not have been properly classified. Second, your non-compete may or may not be enforceable. To some degree, the second might depend on the first. Many non-competes are not enforceable in North Carolina because they are not... View More
answered on Dec 15, 2023
North Carolina is an "at-will" state. This means that, generally, either an employer or an employee can terminate an employment relationship at any time and for any reason (so long as the reason does not violate the agreement between the parties and is not otherwise unlawful). It also... View More
answered on Dec 5, 2023
HIPAA applies to certain "covered" entities. Covered entities typically operate in the medical field or support other entities that operate in the medical field. But unless an employer is a covered entity, HIPAA doesn't apply. Also, when a covered entity violates HIPAA, it... View More
I was told that orientation and training would be paid. The system didn't accept me and the assistant manager said they'd put in my hours manually. They never did, and I haven't been paid. I am quitting because of another job opportunity and would like to know if I can put in a... View More
answered on Nov 12, 2023
You can send a written request for payment for unpaid hours, even after you have resigned from your employment. Your request might include information about the amount of money you believe you are owed, how you calculated this amount, how long you have been owed this money, and previous... View More
They are changing our commission for the worse and I will lose 1/2 of my earning potential. In addition, now our national team is claiming local account causeing loss of income as well Can they enforce a 2 year non compete when they have changed my employment completely.
answered on Nov 12, 2023
It would be rather difficult for an attorney to answer your question. In North Carolina, the enforceability of a non-compete agreement is more case-specific than most other types of contracts. For example, in the employment context, enforceability of a non-compete agreement can depend on factors... View More
There is black mold in my apartment that has not been remediated. The management company has been fired. Can I sue them in small claims court in the county where my apartment is located? They were the management company at the time. They have headquarters in other states, not NC.
answered on Nov 12, 2023
First, I am sorry to hear about your mold issue and hope you are watching the situation carefully.
In North Carolina, a tenant can USUALLY sue in the county where the property is located.
However, mold cases can be somewhat complicated. So, there are numerous other things to... View More
answered on Oct 19, 2023
Intentionally making false statement of facts to a court is unlawful. In North Carolina, to be eligible for a divorce, spouses must have been separated for at least one year (with the intent to remain separate and apart). To be valid, a divorce complaint cannot be filed before the spouses are... View More
Our microwave, air fryer, stove, and oven doesn’t get hot, the fridge isn’t working, oven beeps and says bad power line when we turn a singular light on. The lights flicker bad, or don’t come on etc. This is because of unkept maintenance, it’s an old apartment complex… and I’m assuming... View More
answered on Oct 19, 2023
In North Carolina, a residential landlord must keep the premises in a fit and habitable condition. A landlord who fails to do so could be liable to its tenant for "rent abatement" and/or expenses (such as costs of alternative living arrangements). A landlord who charges rent for property... View More
I'm currently working in Texas state
My current employer has offered me the opportunity to work remotely. Given the nature of my work, which primarily involves digital tasks and virtual meetings, there seems to be no immediate need for me to be physically present at our company's... View More
answered on Oct 9, 2023
Changing terms and conditions of employment can potentially affect an employee's H1B status. With some changes, the employee might no longer be eligible for H1B status. However, other things might just require an update (like a new Labor Condition Application).
To obtain legal advice... View More
An Architectural Firm named Architects Alaska is using my Trademark for their E-mail Address. This is against a settlement made in 2002 where I agreed to dissolve my new business "Architects@Alaska.com" and agreed that my E-mail address was banned from use by either architectural firm.... View More
answered on Oct 9, 2023
To be able to advise you on the best course of action, an attorney would need to review the settlement agreement and gather more information. So, you should consider scheduling a consultation.
You posted your inquiry in the Q&A forum. However, to connect with an attorney to assist you,... View More
I have signed a one year lease (now about 8 months in ) and there is a documented reoccurring leak from my upstairs neighbor's bath tub waste water line into my kitchen. There is record of this same leak from last 2 tenants. They keep putting fresh drywall over without fixing the leak.
answered on Oct 9, 2023
North Carolina law requires that residential rental property be safe and "habitable." There is no law requiring that property be perfect. Also, a landlord's failure to disclose past repairs doesn't automatically equate to "bad faith." But if you believe your landlord... View More
Also I had to get a total knee replacement due to the fall
answered on Oct 9, 2023
That information isn't generally available to the public, in part because so many cases are handled through CONFIDENTIAL settlement.
Also, in a personal injury case, a plaintiff has the burden of proving what they are entitled to recover. The end result of a case is based on the facts... View More
I was living in an apartment in Raleigh, month to month, and the apartment required 60 day notice for vacating the apartment. I gave them this notice, but after I left, I was charged $1000 for a reletting fee. Can they do that even though I gave then the appropriate notice?
answered on Aug 31, 2023
Generally, a month-to-month tenant isn't responsible for paying a "reletting" fee if they give proper notice of termination. The purpose of giving advance notice, literally, is to give the landlord time to find a new tenant.
However, "60 days" can be interpreted... View More
Hi, my landlord gave me and another tenant a 30 day notice to move. We were not behind on rent or did anything to have any problems. He has not asked anyone else in the building to move but us. I am currently invading on my daughters space, because I was not able to find a place. I don't... View More
answered on Aug 9, 2023
In North Carolina, a residential rental relationship may be "month-to-month." Generally, that means that either party can terminate the tenancy with at least 30 days' notice. Although a landlord must have a reason for an eviction, this wouldn't be considered an eviction. It... View More
answered on Jul 21, 2023
North Carolina judges often say this to defendants who have previously delayed proceedings based on the fact that they haven't yet hired an attorney to represent them. This is really just a way of saying that the trial is scheduled to move forward on the next court date, regardless of whether... View More
answered on Jul 13, 2023
It depends on several factors. For example: Would you be using the proposed trademark for different goods/services than the current user? Would you be using it in completely different geographical areas than the current user? Would the change be sufficient to prevent consumers from thinking that... View More
Can I sell the house without paying the judgement? Do most creditors renew judgement liens after 10 years?
answered on Jun 14, 2023
Generally, selling real property owned by tenants by the entirety converts the proceeds of the sale to the personal property of the respective tenants. As separate personal property, the proceeds are then subject to collections.
There is no real way to anticipate whether or not a creditor... View More
answered on Jun 7, 2023
That's not exactly accurate. Generally, whether or not someone is required to complete a Form W9 is related to how much they are paid (or supposed to be paid) by a specific source of reportable income. Unless an exception applies, someone who receives reportable income from multiple sources... View More
the PD about the pay rate and duties required. Contact signed, &work has been completed, but now business will not pay officers until w9 is filed. This was not in the contact &the pay for each officer would be under $600.
answered on Jun 7, 2023
Depending on such factors as the amount of pay a contractor receives, requiring the contractor to sign a W9 may be required by tax law. The party paying the contractor doesn't necessarily need to spell this out in the contract or disclose it ahead of time, because it isn't a term that the... View More
They have a key to get in the house on the sign but don’t give us a 24hr notice and enter our home without our approval. Is that allowed? And can they evict us with a lease?
answered on Jun 1, 2023
If a residential lease agreement says the landlord must provide at least 24 hours' notice, then the landlord must abide by this requirement. If the agreement doesn't say how much notice is required, the parties should expressly agree to a reasonable time frame. 24 hours is considered... View More
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