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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Law for North Carolina on
Q: I’m a salaried exempt employee. I recently missed a few days from being sick. My employer docked my pay for those days.

In prior companies my pay was not docked for documented sick days. So I’m not sure if it was out of courtesy or because they were required to. We do have a PTO plan but I’m new to this role so I’m unable to use any.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 28, 2022

If you miss one or more full days of work (and PTO is currently unavailable to you), then your employer can reduce your pay proportionally to value of each day missed. For example, if you work Monday through Friday and typically make $1,000 per week, and you are absent on Monday, your employer can... Read more »

0 Answers | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Is it legal for an employer to retaliate after finding out about an employee looking for another job?

I have worked with a company for over 10 years. Recently, I have had some health issues, in which my physician said I should find a "less stressful job". At which point I started searching for a more suitable replacement. Since then, the General Manager found out, and has singled me out,... Read more »

0 Answers | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Am I able to sue my previous employer for withholding my check for two and a half weeks and an unsafe work environment.

I quit on June 2 and was supposed to receive my final check on June 3rd. As of June 20th I haven’t received my final check. During my employment there I also had to work under a meth addict and around her junkies that would come by the work area. She was reported by a customer when the. Informed... Read more »

0 Answers | Asked in Employment Law for North Carolina on
Q: I had covid-19 last year I had a doctors note and was still not well enough to return after 10 days. Can employer appeal

She texted me daily, asking me how I was doing, if I was coming in, giving out medical advice. She paid 1 week covid pay,(out of the kindness of her heart) paid me my 2nd week with vacation time. Then appealed my unemployment. I had a doctors note that specifically said 10 days OR without fever for... Read more »

0 Answers | Asked in Employment Law for North Carolina on
Q: IT worker thinking I've been misclassified (business registered in TX but I work/live in NC) as Independent Contractor?

They've since added weekly written reports, add new projects at their whim, and force what projects I do when. I use their email address (me@theirdomain.com) as well as administer their company emails. Also need to be available during their work hours (9-5pm M-F). I can do all work from... Read more »

2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Would a lawyer be willing to review my exit documents from a company post termination to make sure they're legit?

I was terminated from my job in NC which is a 'work at will' state. I don't have enough proof in writing to dispute the termination but I do want to have the exit documents reviewed to make sure I'm not screwing myself. It looks like I have to sign their exit documents to get my... Read more »

Kirton M. Madison
Kirton M. Madison
answered on Mar 16, 2022

Many employment lawyers will review your severance agreement and explain its terms and enforceability to you for a fee. However, we would also want to discuss your employment history with the company, your experience working there, and what led to your termination to ensure that your rights were... Read more »

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2 Answers | Asked in Employment Law for North Carolina on
Q: My previous employer has not paid my wages that was owed to me on January 28, 2022. What can I do?

He says, I have to sign a document and return company property in order to get my paycheck. He also still owes me another (my final) paycheck.

Kirk Angel
Kirk Angel
answered on Feb 6, 2022

File a wage claim with the NC Department of Labor. Free of charge and you can do it online. He cannot lawfully hold your pay to make you sign a document or return company property. If you had previously signed a document he might be able to deduct something from your final pay, but not hold it.... Read more »

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1 Answer | Asked in Employment Law for North Carolina on
Q: I live in north Carolina and my employer has started docking our pay for not taking lunches. Is this legal?
Kirk Angel
Kirk Angel
answered on Dec 9, 2021

If you are a non-exempt employee, then the employer is required to pay you for all hours worked. If you work through lunch, you must be paid for lunch. If you do not work through lunch, then the employer would be justified in not paying you for lunch.

1 Answer | Asked in Employment Law for North Carolina on
Q: I need to know if I have a claim for retaliation in workplace?

My DM said I would be promoted to GM once he fired the other manager for harassment. He didn’t fire him so I filed a hr complaint and they let the harassing gm go after investigation. Now he says well we will see after I talk to a couple of others. I have the text messages leading up to this and... Read more »

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

There is no clear answer to this question, as it basically depends on whether a judge/jury believes you not getting the promotion was because of a good faith complaint.

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...
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1 Answer | Asked in Legal Malpractice and Employment Law for North Carolina on
Q: Can I get legal help for my vertigo

I have vertigo and turned in paperwork to my general manager at work but still received written referrals for being late and not showing up when I am having vertigo can I be fired for it

Kyle Anderson
Kyle Anderson
answered on Jul 14, 2021

Hi more information is needed here. If your vertigo qualifies as a disability under the Americans with Disabilities Act, and you request a reasonable accommodation, the employer should work with you on getting an accommodation you need. I would reach out to an employment law attorney in your state... Read 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 for North Carolina on
Q: A person is accusing me of taking a picture of them without their knowledge, but in the picture it shows them in poses?

They never asked me not to take their picture?

Ina Shtukar
Ina Shtukar
answered on Jun 24, 2021

I am lost. Could you please give more context. What is your employer's position? Or is it even related to your employment? It is not illegal to take a picture of someone in a public place.

2 Answers | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »

Kirton M. Madison
Kirton M. Madison
answered on Jun 16, 2021

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... Read more »

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1 Answer | Asked in Employment Law for North Carolina on
Q: Hello, I’m inquiring on whether I was wrongfully terminated from Zoom Drain.

I was discharged from Zoom Drain last Thursday while I was on vacation. On Wednesday it was communicated to me that one of the 4 of us working there was a confirmed covid 19 case and they weren’t requiring anyone to get tested as long as they didn’t feel sick. I inquired because I know that’s... Read more »

Ina Shtukar
Ina Shtukar
answered on Jun 24, 2021

More information is needed but it sounds like you may have a claim.

2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Can you get fired for wanting to be sent home after requesting payment that was never received?

I am a traveling worker & I was sent to work at a site. They have trouble paying people. So I told the site manager & regional manager that I haven't been paid. The site manager eventually quit so all I had was the regional one to deal with. He told me that he already paid me on a card... Read more »

Kirton M. Madison
Kirton M. Madison
answered on Jun 2, 2021

You have a right to complain about unpaid wages but you may not be allowed to choose your worksite unless you have an employment contract that says otherwise. You can complain through your company's formal channels about the unpaid wages and the worksite's timekeeping issues. If that is... Read more »

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2 Answers | Asked in Employment Law for North Carolina on
Q: How long can a previous employer legally expect payback for income that was accidentally overpaid during employment?

The amount overpaid was under $2,000. There is no contract stating the overpayment would be paid back.

Kirton M. Madison
Kirton M. Madison
answered on Jun 7, 2021

First, it should be determined if the employee was actually overpaid. If there was an overpayment, the employer may ask them to return the money. If the employee refuses to return the money, the employer may take them to court to recover it.

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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.

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