Candler, NC asked in Employment Discrimination and Employment Law for North Carolina

Q: My brother in law was fired because he kept asking where his pay was. Can they do this in NC?

Hello. My brother in law started this job on 3/21/2023. The first payday was 3/31. He has still not received his pay as of today 3/5/2023. He has gone to HR, his manager, called payroll and everyone just says keep waiting or we don’t know. He is 2 days away from the second pay period. He asked about his pay yesterday and his boss just said I’m not sure we will just keep waiting. He then told his boss he didn’t have money to pay for gas to get to work so until he received his pay he wouldn’t be able to come in. His boss then said he would get points every day he missed work( they have a point system). He then said I can’t get to work if I haven’t been paid and said he was clocking out. His boss yelled at him as he was leaving and made a scene infront of everyone. He received a call today stating that he is being fired from his job. What can he do? We are pursuing legal action if he is not paid by Friday 3/7/2023.

1 Lawyer Answer
N'kia (NLN)
N'kia (NLN)
  • Employment Law Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: A North Carolina employee who has a wage & hour claim may start by filing a complaint with North Carolina Department of Labor. However, if the complaint is related to a final paycheck, the employee might not be able to file until at least 10 days after the missed payday.

Your brother-in-law might want to consult with a knowledgeable employment law attorney who can help assess his rights in this situation.

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