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... Read more »
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... Read more »
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?
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... Read more »
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.
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... Read more »
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.
answered on Apr 1, 2023
An employee who has a disability (as defined by law) may be entitled to reasonable accommodations. However, accommodations may not be reasonable if they would be burdensome to the employer.
An employer who knows an employee has a disability may be required to initiate an "interactive... Read more »
I was in a very high corporate position but did not sign a contract beyond the handbook. I had no formal documentations in my year at the company. I started as a VP, and he changed my title and responsibilities to a higher role, without changing my pay.
Was the company required to pay my... Read more »
answered on Sep 27, 2022
If you were an at-will employee, then the company (assuming it is not a state agency) had no obligation to pay the notice period. The organization was free to terminate your employment absent an agreement stating otherwise.
It seems as though you are suggesting that a contract was... Read more »
answered on Sep 12, 2022
In general--yes. North Carolina is an at-will employment state. Absent an employee contract or an agreement, the employer can terminate someone's employment for almost any reason or no reason at all. You may want to speak with an employment attorney if other factors were at play, but this... Read more »
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... Read more »
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... Read more »
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?
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... Read more »
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.
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?
answered on May 22, 2021
You do not have to answer. However, the employer can terminate you for not answering.
My former employer is telling me I have to pay for the gas, time and usage of a company truck to take me to my car because I quit on a job site
answered on Mar 25, 2021
This is not a workers' comp question, but employment law instead. The answer will depend on the arrangement you had with your employer in regard to the use of the company vehicle. Were you given a company vehicle to drive? Did you also get a gas card? Were you allowed to take the vehicle to... Read more »
I am being constantly harrassed by my employer due to the fact that I have kids, and the current school schedule has caused me to be late. I have also requested the same schedule that has been allowed for another employee, but was denied the same curtesy.
answered on Feb 13, 2021
Are you a member of a protected class? Based on race, color, national origin, gender, age, or disability? If you are a female and your coworker is a male individual, you could have a potential claim for discrimination. Similarly, if you are an African American and your coworker is white, you may... Read more »
my girlfriend was just fired after she had complained to her district manager about her general manager harassing her. So i wrote an email to the owner but hes refusing to talk to me or investigate and wants to talk to her but she already made an attempt to talk to the district manager. Doesnt he... Read more »
answered on Dec 12, 2020
Sure you can. But your girlfriend needs to consult with an employment attorney immediately.
The child has special needs and had an accident at home. Mother was fired because she was taking care of her child's needs.
answered on Dec 8, 2020
In general, it is not unlawful to terminate you for "taking care" of your child's needs. However, if you worked for an FMLA covered employer and were FMLA eligible, taking your child to the hospital could be covered by the FMLA. If it was, you may have a wrongful firing claim based on the FMLA.
I’m a single mom of two children out of school. Once my FMLA is over I asked for more time off unpaid. I do not want to resign but my job said if I don’t report on Monday it’ll be considered a voluntary resignation. Can they force me to resign. What should I say to them if forcing me to... Read more »
answered on Dec 6, 2020
FMLA is for 12 weeks only unless you are caring for an injured service member. No other law in North Carolina guarantees leave as such if you are unable to return to work after 12 weeks of FMLA, it is lawful to terminate you with limited exceptions. They cannot force you to resign, but they can... Read more »
I was let go from my job in 8/2019 due to retaliation. In 11/2019 I filed a complaint with the EEOC but it was dismissed due to it being out of their scope, the company was too small. Long story short the company I worked for had filed Chapter 11 bankruptcy which is still in process. Prior to being... Read more »
answered on Oct 14, 2020
The best thing you can do at this time is to consult a bankruptcy lawyer that has no relationship to the pending matter.
This is too convoluted and involved to address in a Q&A column like this.
Good luck
d
because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?
answered on Aug 27, 2020
More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... Read more »
because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?
answered on Aug 27, 2020
More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... Read more »
I mean he serve special needs he don’t read or write only his name alittle not only did he work there for 15 yrs the fired him for eating a piece of ham he didn’t pay for but honestly I feel it was paid in full by never having a raise and it’s not a mom and pop restaurant it’s k and w there... Read more »
answered on Jun 4, 2020
Unfortunately, minimum wage is currently $7.25 per hour and the law does not require pay increases except when the minimum wage increases. Now, if they did not pay him for all hours worked or did not pay him for overtime worked, he still might have a claim.
95% of my requests were responded this way. I am pro se in arbitration in a labor case on issues of discrimination, retaliation, and constructive discharge. I have no money for an attorney.
answered on Apr 26, 2020
Send a letter to the other party's attorney telling them you need the answer within a certain period for example 10 days or two weeks of the date of your letter to them. Offer to talk about the information and why you need it. See if you can work out a deal to get all the information or your... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
