You’ve already taken the right first steps by reporting to FMCSA, OSHA, and the OIG — those agencies handle many whistleblower retaliation cases in the transportation industry.

Next, you should:

File a whistleblower retaliation complaint with OSHA under the Surface... View More

Yes—you can pay a bonus per home sold to an in-house realtor if they are a properly licensed NC broker and are affiliated with a brokerage under a Broker-in-Charge (BIC). In NC, compensation to a licensed broker can be salary, bonuses, profit-sharing, or commissions, but it must be paid... View More

In North Carolina, whether you’re entitled to pay for drive time depends on a few key details about your job and how that travel fits into your workday.

If the company requires you to drive the company vehicle from a designated location to a job site, and that travel is part of your... View More

Since you were working for an Amazon delivery partner at the time, any damage that happened on the job is normally covered by your employer, not you. That’s part of what’s called “respondeat superior,” meaning your employer is responsible for accidents that happen while you’re doing your... View More

Your situation involves both federal and state workplace protections for breastfeeding and pumping employees. Even small employers must meet certain legal obligations unless they can show a genuine, significant hardship—not just inconvenience.

Here’s how the law applies:

Federal... View More

If you signed a custody modification under pressure and without a lawyer, you can ask the court to revisit or set aside the agreement.

Here’s what to do:

Contact a family law attorney right away to review what you signed.

If you felt coerced or misled, your attorney can... View More

Nicholas Arthur Matlach Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

Kirk is completely correct in his answer. Just providing a little additional color.

In North Carolina, workplace harassment based on sexual orientation may be actionable under certain circumstances. While North Carolina does not have a state law that explicitly prohibits discrimination... View More

In general, there is no law in North Carolina that requires an employer to follow your doctor's notes or to excuse you from the requirements of your job. However, if you work for an employer with at least 15 employees the Americans with Disabilities Act may apply to your situation. The ADA... View More

In North Carolina there are no general employment laws that make it unlawful for an employer to discipline or terminate an employee for health-related reasons. However, there are laws that cover specific situations that are health related.

For example, an employer in North Carolina is not... View More

If you applied, interviewed, and signed a contract for a part-time position at your current location only, you are generally not obligated to work at another location unless you agree to a new contract. Review your original contract carefully to confirm its terms. Politely but firmly inform HR that... View More

You can ask, but they may not give it to you. However, if you have suffered discrimination based on pregnancy, you must file a charge with the EEOC within 180 days of the discriminatory action. If you do not, you will lose your legal rights. Also, if you sign a severance agreement it will contain a... View More

In NC, your employee agreement, if there is one in place, will usually dictate whether you must repay the stipend to your employer. If the contract is silent on this matter, be sure the agreement does not incorporate an employee handbook or another document that informs employees of their... View More

Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More

You have identified at least 2 important issues. First, you may or may not have been properly classified. Second, your non-compete may or may not be enforceable. To some degree, the second might depend on the first. Many non-competes are not enforceable in North Carolina because they are not... View More

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

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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