If I no longer need an accommodation, could I have my job back?
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 
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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.
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
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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
Entity A and B teaming up to against my best interest - deferred salary and compensation, in a total over $170k.
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!
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
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
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
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
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.
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
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?
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
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
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
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
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?
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
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.
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?
answered on May 22, 2021
You do not have to answer. However, the employer can terminate you for not answering.
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
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
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.
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
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
answered on Dec 12, 2020
Sure you can. But your girlfriend needs to consult with an employment attorney immediately.
The child has special needs and had an accident at home. Mother was fired because she was taking care of her child's needs.
answered on Dec 8, 2020
In general, it is not unlawful to terminate you for "taking care" of your child's needs. However, if you worked for an FMLA covered employer and were FMLA eligible, taking your child to the hospital could be covered by the FMLA. If it was, you may have a wrongful firing claim based on the FMLA.
I’m a single mom of two children out of school. Once my FMLA is over I asked for more time off unpaid. I do not want to resign but my job said if I don’t report on Monday it’ll be considered a voluntary resignation. Can they force me to resign. What should I say to them if forcing me to... View More
answered on Dec 6, 2020
FMLA is for 12 weeks only unless you are caring for an injured service member. No other law in North Carolina guarantees leave as such if you are unable to return to work after 12 weeks of FMLA, it is lawful to terminate you with limited exceptions. They cannot force you to resign, but they can... View More
I was let go from my job in 8/2019 due to retaliation. In 11/2019 I filed a complaint with the EEOC but it was dismissed due to it being out of their scope, the company was too small. Long story short the company I worked for had filed Chapter 11 bankruptcy which is still in process. Prior to being... View More
answered on Oct 14, 2020
The best thing you can do at this time is to consult a bankruptcy lawyer that has no relationship to the pending matter.
This is too convoluted and involved to address in a Q&A column like this.
Good luck
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because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?
answered on Aug 27, 2020
More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... View More
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