Mars Hill, NC asked in Employment Law for North Carolina

Q: can employer fire me and take away previous paycheck because of covid?

My employer has been paying everyone to stay at home. I put in my 2 week notice and my employer fired me on the spot and told me they won't pay me for the 2 weeks. They also told me I wont be paid for the previous 2 weeks either. I have a record of the hours worked before it got deleted online.

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1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert

A: Under the Fair Labor Standards Act, you must be paid for all hours worked. However, since North Carolina is an at-will employment state (meaning either you or your employer can terminate the employment relationship for any reason at any time), your employer is allowed to terminate your employment immediately instead of allowing you to finish your last two weeks before your resignation and need not pay you for these two weeks. However, if your employer is withholding your check from the previous two weeks you did perform work, you need to be paid for this time.

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