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I'm seeking legal guidance on a severance agreement offered by my former employer following my termination between April 7–10, 2025, with my last official day scheduled for April 23, 2025. The severance includes a general release of claims in exchange for two weeks’ pay ($3,461.54 before... View More 
I live and work in North Carolina, and my employer, who owns the company, often contacts me outside of work hours to criticize my sexuality, sending me messages such as a link to a Facebook article on "how to stop being gay." I have saved these text messages. To my knowledge, there is no... View More
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answered on Apr 16, 2025
Kirk is completely correct in his answer. Just providing a little additional color.
In North Carolina, workplace harassment based on sexual orientation may be actionable under certain circumstances. While North Carolina does not have a state law that explicitly prohibits discrimination... View More
I am a gay, married man in North Carolina seeking to adopt a child with my husband. I have a felony conviction for obtaining property under false pretenses, for which I pled guilty. My sentencing includes supervised probation until August 15, 2025, and I have fulfilled all restitution payments. My... View More
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answered on Apr 12, 2025
It’s great that you’re considering adoption and seeking to provide a loving home for a child. In North Carolina, your criminal record could impact the adoption process, but it doesn't necessarily disqualify you. Adoption agencies and the courts typically look at factors like the nature of... View More
I've been a victim of remote neural monitoring for about 4 years, resulting in unemployment and homelessness, and causing extreme mental distress and physical injuries. Despite reporting it to local authorities and the FBI, I haven't received a response. I desperately need legal... View More
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answered on Apr 7, 2025
I'm sorry to hear about the situation you're facing. First, it’s important to document everything thoroughly. Keep a detailed record of all instances of distress, physical symptoms, and any interactions with local authorities, the FBI, or others you've contacted. This documentation... View More
I'm a server who recently joined a new restaurant in North Carolina and had to sign a handbook agreeing to a tip-out policy of up to 30% to support staff who run my food, clean tables, and make drinks. Although I'm earning well due to high tips, I'm wondering if this 30% tip-out is... View More
answered on Mar 25, 2025
Your employer should take no more than 15% of your tips under N.C.G.S. § 95‑25.3 (f). It's also questionable if tips can be shared with employees who run food and clean tables. You and your co-workers should consult with an attorney as soon as possible.
I was fired from my job in North Carolina for tardiness, despite providing documentation from both my previous and current doctors about my Severe Idiopathic Hypersomnia, a chronic condition under the ADA. I had been employed for a year and a half, and my condition was discussed multiple times with... View More
answered on Mar 25, 2025
In general, there is no law in North Carolina that requires an employer to follow your doctor's notes or to excuse you from the requirements of your job. However, if you work for an employer with at least 15 employees the Americans with Disabilities Act may apply to your situation. The ADA... View More
Can campus police at my university legally search all dorm rooms without consent or a warrant if the building smells of marijuana? In a specific incident, the campus police searched everyone's rooms because of this smell. The student handbook states that the university reserves the right to... View More
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answered on Mar 23, 2025
The Fourth Amendment generally protects students from unreasonable searches in dorm rooms, which courts have recognized as having a reasonable expectation of privacy similar to a private residence The Fourth Amendment applies to dorm rooms just as it does to houses. This means a college student... View More
I work at a company where three of us are on the verge of losing our jobs due to write-ups related to health reasons. One employee was written up for attending workers' compensation appointments for a concussion. A second employee, who is pregnant, was penalized for a scheduled hospital visit... View More
answered on Feb 20, 2025
In North Carolina there are no general employment laws that make it unlawful for an employer to discipline or terminate an employee for health-related reasons. However, there are laws that cover specific situations that are health related.
For example, an employer in North Carolina is not... View More
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answered on Jan 15, 2025
Yes, you can be fired for social media posts, as most states follow "at-will" employment rules that allow companies to terminate workers for nearly any reason that's not discriminatory or retaliatory. Your public posts on Facebook are visible to employers and can impact their view of... View More
I applied for my current position at the CMS hiring enterprise website for a position at my current work location. I was aware that there was another listing on that website for both schools as a full-time and I did not apply for that position. I only applied for my current position as a... View More
answered on Jan 9, 2025
If you applied, interviewed, and signed a contract for a part-time position at your current location only, you are generally not obligated to work at another location unless you agree to a new contract. Review your original contract carefully to confirm its terms. Politely but firmly inform HR that... View More
Since having my first child in January 2023, there were a few instances of discrimination such as being turned down for an additional role that I was more than qualified for and the reason being communicated that I was a new mom. I became pregnant again in July 2024 and told my manager in Aug 2024.... View More
answered on Jan 5, 2025
You can ask, but they may not give it to you. However, if you have suffered discrimination based on pregnancy, you must file a charge with the EEOC within 180 days of the discriminatory action. If you do not, you will lose your legal rights. Also, if you sign a severance agreement it will contain a... View More
I did not sign documentation agreeing to any certain terms with the stipend, yet my employer is claiming since I am not remaining employed for 2 years post-training I will have to repay the stipend amount. I have recently put in my 1 month notice to end employment. She is threatening to sue me for... View More
answered on Dec 16, 2024
In NC, your employee agreement, if there is one in place, will usually dictate whether you must repay the stipend to your employer. If the contract is silent on this matter, be sure the agreement does not incorporate an employee handbook or another document that informs employees of their... View More
I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More
answered on Nov 6, 2024
Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More
What is considered employee retaliation? If employee didn't show up for work one day deliberately so, does employer have to pay out for that day?
answered on Oct 15, 2024
In North Carolina, the employer must provide the final paycheck on or before the next regular payday.
You will need to provide more information about the employee who did not show up for work one day.
Is this a salaried employee who worked remotely or worked a partial day?... View More
2. Is temporary full-time for 9 months and is not sponsoring me for H1B.
Can I join both and work for 2 40 hours? If yes, Will it affect h1b, if I get picked in the lottery? Both are e-verified and willing to fill training plan(i983 form).
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answered on Oct 9, 2024
Yes, you can take on both job offers while on STEM OPT, provided each position meets the OPT requirements. Both employers must be enrolled in E-Verify and you need to complete a separate Form I-983 training plan for each role. Ensure that both jobs are directly related to your field of study.... View More
Earlier this year I signed a contract containing a non-compete as a 1099 worker. The job is not working out due to not receiving adequate referrals from the company to financially sustain my responsibilities and livelihood. I am seeking employment elsewhere and am trying to figure out if it’s... View More
answered on Oct 8, 2024
You have identified at least 2 important issues. First, you may or may not have been properly classified. Second, your non-compete may or may not be enforceable. To some degree, the second might depend on the first. Many non-competes are not enforceable in North Carolina because they are not... View More
They are making us come in later then our normal schedule is to make up for that hour we spent in the meeting. Dont want overtime
answered on Sep 22, 2024
Your employer can adjust your schedule unless you have a contract stating otherwise. It appears your employer is paying you for all hours worked. Therefore, your employer's conduct is lawful.
What are the requirements for not receiveing overtime.
answered on Sep 20, 2024
A position must meet certain requirements to qualify as exempt from overtime. A salary test is the first requirement. Currently, a job must pay a minimum salary of at least $43,888 per year to qualify for an exemption from overtime. This amount will increase to $58,656 on January 1, 2025.... View More
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answered on Aug 31, 2024
Finding an attorney to help you finish your lawsuit while facing homelessness can be challenging, but there are resources available that may assist you. Start by reaching out to legal aid organizations in your area. These organizations often provide free or low-cost legal services to those who are... View More
They won't fire employees for not signing but if we don't sign they will still give us a non-signature agreement. Most employees do not agree with these forms we are being forced to sign because too much bad happens in this company.
answered on Jul 1, 2024
A North Carolina attorney could advise best, but your question remains open for a week. Until you are able to speak with an experienced employment attorney, such agreements are often "take it or leave it." It could depend on the industry, but in the maritime industry and a few other... View More
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