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Questions Answered by N'kia (NLN)
1 Answer | Asked in Employment Law for North Carolina on
Q: Can 1099 employers be held to a noncompete clause?

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

N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to terminate someone without providing a reason? Employee was never counseled positive or negative?
N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it a hipaa violation for my employer to post my excused doctors note for everyone to see?
N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Can I send a request for unpaid hours even after I quit?

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

N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Employment Law for North Carolina on
Q: I want to know if my non compete which is part of my employement contract in NC is nulled.

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.

N'kia (NLN)
N'kia (NLN)
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

2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Can I sue my former apartment management company if they have headquarters in other states, and not mine? I live in NC.

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.

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: Is it legal to back date a separation in NC to divorce prior to one year apart?
N'kia (NLN)
N'kia (NLN)
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

2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Is a landlord responsible to pay for relocation fees (such as a hotel) unexpectedly?

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

N'kia (NLN)
N'kia (NLN)
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

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1 Answer | Asked in Employment Law for North Carolina on
Q: Inquiry Regarding the Legality of Remote Work from a Different State

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

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: What laws cover a Landlord signing a lease in bad faith knowing there are hidden problems with the property?

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.

N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Personal Injury for North Carolina on
Q: What if the average amount you can get for slip and fall at Walmart in NC Has proof all damage was caused by the fall

Also I had to get a total knee replacement due to the fall

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I gave the appropriate notice for vacating my apartment, can I be charged a reletting fee?

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?

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a NC landlord gie me a 30 day notice to move due to renovations?

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

N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Can I sue for not being sedated for a procedure?

In cataract surgery one remains awake but is heavily sedated. I was told take this would be done, but they never sedated me. They wrapped both arms (including my IV access) and restrained me. I exclaimed more than once that I had not been sedated, Still, they drilled into my eye causing severe... View More

N'kia (NLN)
N'kia (NLN)
answered on Jul 21, 2023

First, I am so sorry to hear about this experience.

Yes, you might have a viable claim against the doctor or medical practice. You could search the directory and reach out to attorneys about evaluating and handling your case. (This page is only for Q&A's, not for connecting with...
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2 Answers | Asked in Business Law, Contracts and Intellectual Property for North Carolina on
Q: I recently obtained the rights to two characters and wish to stop their current use by an organization

A convention is using two mascots designed and created by an independent artist. The convention willfully granted the artist full ownership of these characters in 2021 in writing.

Recently the artist wished to cease their affiliation, as such both sides terminated her contract with them... View More

N'kia (NLN)
N'kia (NLN)
answered on Jul 21, 2023

As this is a potentially complex issue, general information would not likely help you get to the bottom of things. You should consider consulting with a knowledgeable attorney to review the contracts, assess your rights, and point you toward viable options. You can search the Justia directory, find... View More

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2 Answers | Asked in Criminal Law for North Carolina on
Q: can a judge tell you that if you dont have an attorney set by such and such date that you have to represent yourself?
N'kia (NLN)
N'kia (NLN)
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

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2 Answers | Asked in Trademark and Intellectual Property on
Q: If I add 2 letters to a trademark is this a different trademark,thanks
N'kia (NLN)
N'kia (NLN)
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

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1 Answer | Asked in Copyright and Civil Rights on
Q: I've leaved on my property 13 yrs now I'm being told to get out because it was sold to someone else what can I do

I have all the documents for the property..

N'kia (NLN)
N'kia (NLN)
answered on Jul 7, 2023

Since property rights are mostly based on state law, an attorney would need to know what state the property is located in to be able to steer you in the right direction.

Q: I have questions about business conspiracy. Would like to find lawyers in Durham area, specializing biz & employment law

Entity A and B teaming up to against my best interest - deferred salary and compensation, in a total over $170k.

N'kia (NLN)
N'kia (NLN)
answered on Jun 20, 2023

This is only a Q&A forum where members of the public can post legal questions and attorneys can provide legal information. To connect with an attorney to assist with a legal matter, you might try searching the directory and reaching out to someone directly. Good luck!

1 Answer | Asked in Copyright on
Q: How can we make a website like this for our trademarks
N'kia (NLN)
N'kia (NLN)
answered on Jun 20, 2023

It isn't completely clear what you are asking. You might consider posting again and clarifying what information you are seeking.

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