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North Carolina Employment Law Questions & Answers
Q: Ive called a few law firms and none have accepted my case. Need one near Winston-Salem. Employee VHA but not a veteran.

EEO was filed on supervisor continuing not protecting me from black female and male coworkes. Police were involed other staff heard coworker harassing me. Jan Ive in 7 yrs never been filed. Discrimination on my health taking approved FMLA, This work environment effects my fibromyalgia symptoms... View More

0 Answers | Asked in Employment Law for North Carolina on
Q: If I inform my employer that my wages aren’t correct. How long do they have before I can take legal action?

My employer asked me to work temporarily overnight and verbally said they’ll increase my wages but I have to go the following day that they asked. So I went to work for a few weeks and just by curiosity I check my paystub and I only received the pay for a week instead of the 3 or 4 I already... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: I was recently let go from my job/Non-profit organization as director of operations.

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

James L. Arrasmith
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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

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
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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

1 Answer | Asked in Employment Law for North Carolina on
Q: If my NC employer overpaid me, how far back from the date of notification can they reclaim wages?

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

T. Augustus Claus
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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

2 Answers | Asked in Employment Law, Civil Rights and Communications Law for North Carolina on
Q: Is it legal for my employees to tell the father of another that shows up, that they don’t work there if they do?

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

T. Augustus Claus
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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...
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1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to terminate someone without providing a reason? Employee was never counseled positive or negative?
N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it a hipaa violation for my employer to post my excused doctors note for everyone to see?
N'kia (NLN)
N'kia (NLN)
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

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...
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1 Answer | Asked in Employment Law for North Carolina on
Q: I want to know if my non compete which is part of my employement contract in NC is nulled.

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.

N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Can I send a request for unpaid hours even after I quit?

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

N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Inquiry Regarding the Legality of Remote Work from a Different State

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

N'kia (NLN)
N'kia (NLN)
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...
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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
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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.

1 Answer | Asked in Employment Law for North Carolina on
Q: Am I considered quitting if I refuse to take the company car to come into work for less pay. Boss is making me quit.

I’m a delivery driver and I left work to get my car fixed because it started to violently shake. My boss told me I’m quitting because I’m not accepting the company car. The reason I’m not driving the company car is because they don’t pay you mileage when using it.

T. Augustus Claus
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answered on Sep 20, 2023

If you refuse to use the company car due to reduced compensation and your boss views this as a resignation, it's more of a disagreement over employment terms than a clear-cut resignation on your part. An employer interpreting a dispute or disagreement as a resignation could be problematic.... View More

2 Answers | Asked in Employment Law and Immigration Law for North Carolina on
Q: After one received its stamp I-94 at the border with classification DT; Alien what is next? which forms if any to fill ?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 26, 2023

The DT class of admission on your I-94 indicates that you were allowed to enter the US under the Visa Waiver Program (VWP) for a temporary period of up to 90 days for business or pleasure.

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1 Answer | Asked in Employment Law for North Carolina on
Q: Do I have any rights after I signed a bonus clause to pay back 50% within 2 years? I left 2 weeks before my start date.

I started my job on 8/23/21 and my last day was 8/11/23. I know that I signed an agreement stating that I would have to pay back 50% of my bonus if I left within 2 years. They have withheld that amount from my last paycheck, but I did not receive a copy of my payroll or how much would be deducted.... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Send a demand letter requesting that they produce the information, or you will file a lawsuit and will be entitled to see it during the discovery process.

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
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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

1 Answer | Asked in Employment Law and Health Care Law for North Carolina on
Q: If I’ve paid 12 months of premiums to health insurance, can my district terminate it before those 12 months are up?

We only get paid 10 months of the year, so our premiums for the whole year come out over 10 months. I am changing districts and my HR terminated my Health insurance as of June 30 even though my resignation was July 30 and I paid my premiums for the whole year.

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. But it could be difficult for any attorney to offer meaningful input without knowing the contract terms of the insurance policy. If you consult with a local attorney, they are likely going to want more... 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

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