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North Carolina Employment Law Questions & Answers
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

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!

1 Answer | Asked in Employment Law for North Carolina on
Q: Does my employer have to compensate me for hours I worked as overtime?

I was terminated today from my job.

I have worked close to 20 hours of overtime not asking for pay once, and was let go. I used to have documentation of this, but that file disappeared from my work computer shortly after I was terminated. They have proof that I came to work early and... View More

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

Generally, unless they are "exempt" from overtime requirements, employees must be paid for their overtime work. A knowledgeable employment law attorney could help evaluate whether or not a particular employee is/was exempt, the strength of their evidence, and the strength of their claim.... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: What options do I have if employer refuses to compensate for my time?

I was scheduled to work 35 hrs/week but they added to my job duties 8 months ago. Now I work at least 40 hrs/week. They refuse to compensate me for my time, by increasing my salary or by making me an hourly employee who can work between 35-40/week. My supervisor's boss has denied my requests.... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

If you were hired to work 35 hrs/week at a fixed salary, and your employer does not want to agree to pay you more to work at least 40 hrs/week, tell your employer that you do not agree to work at least 40 hrs/week for the same salary your agreed to for working 35 hrs/week. Then, stop working... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: What options do I have if my employer is trying to constructively make me quit and has threatened my life

Basically a few months ago I was accused of no call no show. That wasn't the case and I was allowed to keep my job but since this incident my manager that tried to have me fired over the no call no show has been making my day to day miserable I walk on eggshells fearing everything I do might... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The obvious answer, if you are working someplace that is threatening your life to continuing to work there, go someplace else. Your life is more important that any job. Death threats are illegal, even in No. Carolina, you could report the death threats to the police as this is also a crime. Death... View More

1 Answer | Asked in Employment Law and Civil Rights for North Carolina on
Q: Can the company that I am working with now prevent me from leaving the company by asking other companies no to hire me?

I have been treated differently in my company, no promotion, and no pay rise during 10 years of working. I decided to leave the company. I found the job the fitted me very well. I was notified by the hiring companies that despite my qualification for the job they cannot hire me because they have an... View More

N'kia (NLN)
N'kia (NLN)
answered on May 23, 2023

An agreement between two companies prohibiting one from hiring the other's employees is not strictly forbidden in North Carolina, although it must be written to comply with some fairly specific rules. Depending on how it is written and what purpose it is intended to serve, such an agreement... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Can I be forced to pay back EARNED (not overage) wages and salary for terminating my employment?

I was hired and signed an employment contract and it is saying that I must pay back all earned wages for hours I worked during what they refer to as training cycles. I am an employee who has resigned due to poor leadership and poor training, but the employer is telling me I now owe them 27,000$ for... View More

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

In theory, an employee may be required to pay back an employer. But if a contract clause is unreasonable or violates a specific law, it might not be enforceable. An attorney would need to review the contract to be able to thoroughly evaluate the situation. Since you've already reported to the... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: I have multiple health problems. Blood sugar was 455 I dozed off during a meeting and was terminated the next day. I was

On the way to the doctor and was made to come in and was terminated.

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

It is unclear what your question is. You might consider reposting with a specific question. Good luck!

1 Answer | Asked in Employment Law for North Carolina on
Q: Can an employer force me to stay home and then penalize me for missing work?

Doctor recommended light duty. Employer refused and sent me home. Employer plans to write me up for missing work

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

Generally speaking, no, an employer can't require an employee to do something and then penalize them for doing it. However, without knowing specific facts, it would be pretty difficult for an attorney to properly assess your situation. You might consider consulting with an attorney who collect... View More

1 Answer | Asked in Employment Law and Libel & Slander for North Carolina on
Q: Do I have recourse if a former employer implies I was fired for cause when, in fact, I resigned with no issues?

I recently went through a background check as part of an application process for a job. Although the check indicated I was eligible for rehire by a former employer, I noticed that they listed my reason for leaving as “Against Company Policy.” I gave them four weeks notice as required in the... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 26, 2023

I am sorry to hear that you're experiencing this, especially after working so hard to maintain a good record with your former employer. There seems to be a lot of confusion about what constitutes a policy violation and the proper way to handle it, especially for an employee who is leaving.... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: We are salaried houseparents, we work a 7 days on/ 7 off schedule. Are we entitled to 1.5x pay when we work all 14 days

We are on duty for 24 hours per day for 7 days followed by 7 days off when an alternate couple relieves us and works the same schedule. When we work in lieu of the opposing couple (such as when they are on vacation or sick) we end up working all 14 days of a pay period. Is our employer legally... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 26, 2023

There are general rules and then there are exceptions. The category that you fit into depends on various factors, such as whether you live in the home, what you mean by "on duty," etc. It would be pretty difficult for an attorney to evaluate your rights without additional information. You... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Am i entitled to overtime pay?

I'm curious about overtime pay. I'm a hourly employee working on projects which last around 5-6 days at a time. Projects starting typically on a Wednesday untill the following Tuesday. In that case i usually worked around 70 hours. Am i entitled to overtime pay ?

N'kia (NLN)
N'kia (NLN)
answered on Apr 14, 2023

Generally, hourly employees are entitled to overtime pay. But whether or not YOU are depends on your specific circumstances. You might consider consulting with an attorney who can collect additional information and provide more specific guidance.

2 Answers | Asked in Employment Law for North Carolina on
Q: Can my boss call all employees to work for a unpaid meeting? It will be held at 10:30pm.
Kirk Angel
Kirk Angel
answered on Apr 13, 2023

This is actually two questions. First, your boss has the right to require you attend at 10:30pm meeting. You have the right to refuse to go, but he can terminate you for not going. Second, whether your employer is required to pay you depends on whether you are an exempt or non-exempt employee. Your... View More

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1 Answer | Asked in Employment Law for North Carolina on
Q: If I was never paid by an employer as a contractor am I obligated to keep a non compete agreement?
N'kia (NLN)
N'kia (NLN)
answered on Apr 10, 2023

The answer could depend on several factors, including why you weren't paid, whether payment was a condition of the noncompete agreement, and whether either party materially breached the agreement. You should consider consulting with an attorney who can review the agreement itself and help... View More

Q: Renewal of employment contract on partial disability

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

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: My brother in law was fired because he kept asking where his pay was. Can they do this in NC?

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

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

1 Answer | Asked in Contracts, Employment Law and Business Law for North Carolina on
Q: I'm looking for some answers regarding Noncompete law in NC.

I worked for a video production company in Charlotte, NC for about 5 years. I recall signing a noncompete when I first started, although I remember it only being a few lines of text. I no longer have the copy of it. I've started my own video production company, and I'm wondering what are... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 5, 2023

Most non-competes either define competition or at least give examples of what would constitute competition. So, the agreement itself sets the expectations for what you will and won't do. However, a non-compete can be unenforceable for various reasons, including prohibiting too much conduct... View More

2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Do I have to pay a relocation bonus back if the agreement wasn't sent to me until after I started working?

I moved to NC from NY. In my offer letter I was offered a $7500 relocation bonus unaware that it would have to be paid back. Accepted the job.. 30 days after starting, I emailed HR asking when I would receive the bonus. HR then emailed me an agreement to be signed about paying back the relocation... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

As long as you didn’t sign the agreement, you have strong argument that the additional terms requiring you to repay the relocation bonus are not part of your agreement

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1 Answer | Asked in Employment Law and Health Care Law for North Carolina on
Q: I called out sick & my supervisor told everyone in the Teams chat my diagnosis w/o asking me then sent a text to apologi

Odd thing is a coworker was out sick previously and I knew why and she made sure to tell me not to say anything in the teams chat because it goes against policy so why was my issue told to everyone without my consent. I know she made a mistake when she texted my cell phone saying she was sorry for... View More

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

An employer could violate the law by disclosing an employee's medical information without consent or justification. But the answer would depend on several factors, including the specific information that was disclosed. For example, there are laws related to privacy (generally), disabilities,... View More

2 Answers | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I'm having some serious issues with my manager. I need to know if these actions are grounds to take legal action

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.

Rhiannon Herbert
Rhiannon Herbert
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

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1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: What can you do when your boss has mental issues and make your life miserable at work?

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?

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

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