Get free answers to your Employment Law legal questions from lawyers in your area.
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,
I went to upper management about an employee's negative action against me and other workers. Instead of moving the employee I was moved to another job that I could not physically perform and was usually performed by men. Two men were put on the job I was moved from. I called HR about the... 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
I have been denied vacation time 2x. Other employees are receiving their vacation time . I reported being singled out and said I was filing a complaint. That I no longer wished to be under my current supervisors. They moved me to another correctional facility under what feels like retaliation.
answered on Jun 20, 2024
Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:
The Uniformed Services Employment and Reemployment Rights Act (USERRA):
USERRA prohibits civilian employers from... View More
I applied for insurance through my employer within the allotted deadline. I was a full-time regular employee and had been paying the premiums out of my paycheck for two months. No membership card arrived in the mail. After calling the insurance company, I discovered that no plan exists associated... View More
answered on Apr 29, 2024
A North Carolina employment law attorney could advise best. If exclusion from the policy was an oversight, you'd need to give them a chance to correct. If it was deliberate misconduct, a local attorney could advise on possible remedies. Good luck
The company I work at has been struggling financially for the past few years and went into receivership a few weeks ago. It is likely to be sold as 2-3 smaller companies.
Because of these issues, clients have canceled more than $1.25M in orders, causing me to loose $80,000 in commissions... View More
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answered on Apr 20, 2024
You can indeed file a claim for the lost commissions as a creditor in the receivership process. When a company goes into receivership, the receiver's role is to manage the company's assets and debts, which includes assessing claims from creditors, including employees who have lost income... View More
I was recently let go from my job/Non-profit organization as director of operations. I had been with organization for 27 years. The company has a 3-strike system, first offense is a verbal warning, the second offense is a written warning, and the third they can terminate you. In the 27 years that I... View More
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answered on Mar 4, 2024
In North Carolina, employment is generally considered "at will," meaning an employer can terminate an employee at any time for any reason, except for illegal reasons such as discrimination or retaliation. However, if your termination violated the organization's own established... View More
I also have recordings of them saying they are going to save the hardest jobs for this employee
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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
For example, Washington state limits the amount able to be recouped to 8 weeks prior to the date of notifying the employee. That 8 weeks overpayment can then be recouped anytime in a period of up to 6 years, but still only for 8 weeks of overpayment prior to the date of notifying the employee of... View More
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answered on Feb 6, 2024
In North Carolina, unlike some states like Washington that have specific statutes limiting the timeframe for reclaiming overpaid wages, there isn't a clear-cut law specifying the exact period an employer can go back to reclaim overpaid wages from an employee. Generally, the principle of unjust... View More
I am a manager who was out this week sick and one of my employees has an unsavory relationship with father- not legal issues, just typical disconnects that have progressed to her avoiding contact with them altogether. He went to her boyfriends house, where her boyfriends father told him where she... View More
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answered on Dec 28, 2023
In situations where a person shows up at a workplace asking about another individual, employees typically have the discretion to provide information or decline to do so. However, there are legal and ethical considerations to keep in mind.
In general, employees should be cautious about... View More
answered on Dec 15, 2023
North Carolina is an "at-will" state. This means that, generally, either an employer or an employee can terminate an employment relationship at any time and for any reason (so long as the reason does not violate the agreement between the parties and is not otherwise unlawful). It also... View More
answered on Dec 5, 2023
HIPAA applies to certain "covered" entities. Covered entities typically operate in the medical field or support other entities that operate in the medical field. But unless an employer is a covered entity, HIPAA doesn't apply. Also, when a covered entity violates HIPAA, it... View More
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
They are changing our commission for the worse and I will lose 1/2 of my earning potential. In addition, now our national team is claiming local account causeing loss of income as well Can they enforce a 2 year non compete when they have changed my employment completely.
answered on Nov 12, 2023
It would be rather difficult for an attorney to answer your question. In North Carolina, the enforceability of a non-compete agreement is more case-specific than most other types of contracts. For example, in the employment context, enforceability of a non-compete agreement can depend on factors... View More
I was told that orientation and training would be paid. The system didn't accept me and the assistant manager said they'd put in my hours manually. They never did, and I haven't been paid. I am quitting because of another job opportunity and would like to know if I can put in a... View More
answered on Nov 12, 2023
You can send a written request for payment for unpaid hours, even after you have resigned from your employment. Your request might include information about the amount of money you believe you are owed, how you calculated this amount, how long you have been owed this money, and previous... View More
I'm currently working in Texas state
My current employer has offered me the opportunity to work remotely. Given the nature of my work, which primarily involves digital tasks and virtual meetings, there seems to be no immediate need for me to be physically present at our company's... View More
answered on Oct 9, 2023
Changing terms and conditions of employment can potentially affect an employee's H1B status. With some changes, the employee might no longer be eligible for H1B status. However, other things might just require an update (like a new Labor Condition Application).
To obtain legal advice... 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.
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