Ask a Question

Get free answers to your Employment Discrimination legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Employment Discrimination Questions & Answers
0 Answers | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can someone help me with my case against my former employer i was harassed on the job for months?

I have filed an eeoc complaint against them, i have documents proving that i was harassed. The eeoc wanted me to do a mediation i said no because the compnay managers will lie on me again i have audio and video proving that these managers have lied on me many many times,

0 Answers | Asked in Employment Discrimination for North Carolina on
Q: Hello, I live in North Carolina. Is it legal for my employer to deny me a copy of my annual performance review?

I was told it is considered company property and I cannot have access to the file.

0 Answers | Asked in Real Estate Law, Business Law and Employment Discrimination for North Carolina on
Q: I'm a salary employee, can an employer force you to retire after withdrawing your request in writing?

Was friction with new boss and stated in frustration. I reported back to work and sent me away stating they were accepting my retirement.

Essentially terminated with no severance as been the company policy even with termination for cause case. A peer of mine was recently terminated for poor... View More

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can I get into trouble for voice recording another employee making racists comments about someone

I also have recordings of them saying they are going to save the hardest jobs for this employee

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2024

In North Carolina, recording conversations without the consent of at least one party involved is generally legal, as it is a one-party consent state. This means if you are a party to the conversation, you can legally record it without the other party's consent. However, recording conversations... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can my boss force me to fill out a request for reasonable accommodation?

If I no longer need an accommodation, could I have my job back?

Kirton M. Madison
Kirton M. Madison
answered on Nov 16, 2023

Your employer may request that you and your medical provider complete an accommodation request form.

However, your question is a bit confusing and raises a lot of follow up questions. The purpose of an accommodation is to allow you to perform the essential functions of your job. You should...
View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I was publicly humiliated and threatened with bodily harm by the district manager then told not to bother returning
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023

Public humiliation and threats could be considered a form of workplace harassment or hostile work environment. You may have grounds to file a complaint with your HR department or even take legal action.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can an employer demote an employee for no reason and construct the compensation moving forward as m2m with no $ amount?

I was demoted to the lowest position in the company due to "company needs". I have never been written up for anything and have done my job successfully for over 19 months. I moved up from sales to assistant manager and then to human resource manager. I'm being demoted from the HR... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2023

In many at-will employment states, including Arizona, employers generally have the right to make changes to an employee's job position, including demotions, as long as the changes are not based on illegal discrimination or retaliation. However, reducing an employee's compensation without... View More

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!

Q: Renewal of employment contract on partial disability

I am a partner of a large professional firm and a full-time contract paid me well with benefits. Last year I developed a disability and since have been on partial disability. Our group had a vote and decided to sell the company to another prominent organization. In my profession, 1-3 year contracts... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 9, 2023

There are quite a few factors that could potentially affect your rights. For just a few examples:

Are you an owner or an employee? How recently did the new company take over? Was the promise for equivalent pay included in a written contract between the two companies? Etc.

To be...
View More

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
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... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 5, 2023

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...
View More

2 Answers | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I'm having some serious issues with my manager. I need to know if these actions are grounds to take legal action

She told me I cannot use the bathroom when it was an emergent situation due to me knocking on the door and it was annoying her. She also told me I need to take my medical alert bracelet off when I'm working because it gets in the way of performing my job.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 7, 2023

While there is no general claim for harassment in the workplace, you cannot be harassed or treated differently than other employees based on a protected class characteristic (i.e. race, sex, age, disability, religion). If you believe your manager's conduct is connected to any of these... View More

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: What can you do when your boss has mental issues and make your life miserable at work?

Boss has anxiety issues and couldn’t control her emotions. Her behavior is quite narcissistic. Is it illegal for the company to put employees under her and be mentally abused?

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

Generally speaking, it is not unlawful for an employer to assign employees to a manager with "mental" health issues. However, the manager's conduct would be unlawful if (for example) it rose to the level of prohibited discrimination, assault, battery, stalking, etc. An attorney would... View More

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I notified my employer I was giving notice. Company policy is 2wks. He accepted effective immediately, without paying.

I was in a very high corporate position but did not sign a contract beyond the handbook. I had no formal documentations in my year at the company. I started as a VP, and he changed my title and responsibilities to a higher role, without changing my pay.

Was the company required to pay my... View More

Kirton M. Madison
Kirton M. Madison
answered on Sep 27, 2022

If you were an at-will employee, then the company (assuming it is not a state agency) had no obligation to pay the notice period. The organization was free to terminate your employment absent an agreement stating otherwise.

It seems as though you are suggesting that a contract was...
View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: In the state of NC can I legally be fired for telling a joke to a coworker when I'm not at work?
Kirton M. Madison
Kirton M. Madison
answered on Sep 12, 2022

In general--yes. North Carolina is an at-will employment state. Absent an employee contract or an agreement, the employer can terminate someone's employment for almost any reason or no reason at all. You may want to speak with an employment attorney if other factors were at play, but this... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can a previous employer refuse to mail you your last paycheck?

I have requested that my paycheck be mailed but the employer is telling me they will not mail it because they want me to come in and sign a paper stating that I received it. I asked to DocuSign it and they said no. Is this legal?

David Allan King
David Allan King
answered on Oct 28, 2021

From North Carolina's Statute § 95-25.7 (the Wage and Hour Act)

Payment to separated employees.

Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if...
View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can my employer force me to take FMLA when the physician recommended an accommodation that is under ADA?
Ina Shtukar
Ina Shtukar
answered on Jun 24, 2021

No. The employer cannot force you to take the FMLA leave. If both ADA and FMLA apply, you are entitled to pick the more beneficial option. Sounds like you may need to contact an attorney.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for North Carolina on
Q: Do I have the right to NOT answer the ? if I have had the covid vaccine to my employer?

I agreed to still wear a mask but was told if I don’t answer the assessment questions then I cannot work.

Can they discriminate against me for that?

Kirk Angel
Kirk Angel
answered on May 22, 2021

You do not have to answer. However, the employer can terminate you for not answering.

1 Answer | Asked in Workers' Compensation and Employment Discrimination for North Carolina on
Q: My former boss is trying to make me pay for being taken back to my car when I quit

My former employer is telling me I have to pay for the gas, time and usage of a company truck to take me to my car because I quit on a job site

Ina Shtukar
Ina Shtukar
answered on Mar 25, 2021

This is not a workers' comp question, but employment law instead. The answer will depend on the arrangement you had with your employer in regard to the use of the company vehicle. Were you given a company vehicle to drive? Did you also get a gas card? Were you allowed to take the vehicle to... View More

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can I sue for an employer giving me grief and writing me up due to school schedule issues caused by COVID?

I am being constantly harrassed by my employer due to the fact that I have kids, and the current school schedule has caused me to be late. I have also requested the same schedule that has been allowed for another employee, but was denied the same curtesy.

Ina Shtukar
Ina Shtukar
answered on Feb 13, 2021

Are you a member of a protected class? Based on race, color, national origin, gender, age, or disability? If you are a female and your coworker is a male individual, you could have a potential claim for discrimination. Similarly, if you are an African American and your coworker is white, you may... View More

1 Answer | Asked in Employment Discrimination and Sexual Harassment for North Carolina on
Q: Can i report harassment for someone else if theyre afraid or ignored after they complained and got fired for complaining

my girlfriend was just fired after she had complained to her district manager about her general manager harassing her. So i wrote an email to the owner but hes refusing to talk to me or investigate and wants to talk to her but she already made an attempt to talk to the district manager. Doesnt he... View More

Kirk Angel
Kirk Angel
answered on Dec 12, 2020

Sure you can. But your girlfriend needs to consult with an employment attorney immediately.

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.