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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
