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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Law for North Carolina on
Q: If i get tested for corona and told to stay home by the doctor for quarantine does my company have to pay me
Kyle Anderson
Kyle Anderson answered on Oct 8, 2020

Hi, more info is needed here. The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. If your employer is covered (i.e., have less than 500 employees), you may be eligible for two weeks... Read more »

1 Answer | Asked in Employment Law and Military Law for North Carolina on
Q: Am I protected under USERRA?

I am prior service. I met with a national guard recruiter 2 weeks ago and was informed I need to go to meps to swear in. I gave my boss verbal and written notice for both Monday and Tuesday that day and again that following Monday. I worked half a day on Tuesday and went to meps and came back to... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 8, 2020

It is my understanding that you are not protected by USERRA for your trip to MEPS. Unfortunately, you are only protected for the time you are actually serving. I would look at this as a good thing, your employer was probably going to be very difficult once it came time to fulfill your guard... Read more »

Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

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?

Kyle Anderson
Kyle Anderson 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 »

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Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

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?

Kyle Anderson
Kyle Anderson 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 »

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2 Answers | Asked in Employment Law for North Carolina on
Q: Can I terminate an employee with a doctor note that states he can only work from home (vs. office) due to health issues?

I am not asking specifically about during COVID, just in general.

Neil Pedersen
Neil Pedersen answered on Aug 17, 2020

Not if the employee can be accommodated to work from home. What that means is that if he can do the essential functions of his job by working from home without creating an undue hardship on the employer, then you as the employer will be required to extend that reasonable accommodation. Mere... Read more »

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1 Answer | Asked in Employment Law for North Carolina on
Q: I took my son to the doctor yesterday. He has Mono and his spleen is enlarged and the doctor is worried it will rupture

so she wrote him out of work for 1 week and said he should not lift over 5 pounds and needs to get lots of rest and to come back in a week to get his spleen checked. He called his work and let them know what was going on and I turned in his doctor note to them. He received a call a few hours later... Read more »

Kirk Angel
Kirk Angel answered on Aug 14, 2020

Probably lawful. Employers in North Carolina are not required to allow employees off for medical/health issues unless the employer is covered by FMLA (has at least 50 employees) and the employee is eligible (employed for at least 12 months and worked 1250 hours).

1 Answer | Asked in Employment Law for North Carolina on
Q: Boss is forcing me to give 2 weeks & the reason is not performing according to his expectation.

I went back to work during covid 19. He is even bringing things back from last year complaints & planning to give me written ups & eventually fire me. He admits i am the hard worker but should move on. He asks me for resume so he can help me find a job & i did give him. WHAT SHOULD I... Read more »

Kirk Angel
Kirk Angel answered on Aug 12, 2020

If you quit, with very few exceptions, you are not entitled to unemployment. Based on what you have shared, there are no exceptions that apply and you will not get unemployment if you quit (resign). Your boss cannot make you give a two week notice if you do not want to although he could fire you.... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can I get unemployment benefits in NC for being fired for handing in a two week notice to resign?

I advised my employer on Thursday July 30, 2020 that I would be leaving my position two weeks from Monday August 3, 2020. Monday morning I get a text from the boss letting me go effective immediately. Can I receive unemployment benefits for my 2 weeks not worked due to being let go prior to the... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 4, 2020

The answer to your question will likely depend on whether you will be paid by the company for the remaining two weeks. If your employer has agreed to pay you for this time even though you're not working (either by agreement or as a severance benefit), then you will not be eligible for... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to switch someone from salary to hourly?

My husband started with a company last year. The company cut his pay 10% due to covid even though their sales have gone up. Then a couple weeks later they switched him to hourly. They said by the 10th of this month he would have his 10% back and now are refusing to raise pay back up. Also, the boss... Read more »

Kirk Angel
Kirk Angel answered on Jul 29, 2020

Yes. It is always lawful to switch a person from salary to to hourly. However, it may not be lawful to switch an employee from hourly to salary. It is also lawful to reduce an employee's wages with a couple of caveats. First, the reduction cannot be below the required amount, i.e. minimum... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Kirk Angel: Do you know Dept of Labor law regarding suspending employees? You said there's no legal way it must happen

Please read 25 NCAC 01J .0611 DISCIPLINARY SUSPENSION WITHOUT PAY.

Attorney in Fayetteville routinely suspends employees (without cause) then allows them back then suspends them again and again hoping employees will quit. Either way...suspended employee or employee who quits is not able to... Read more »

Kirk Angel
Kirk Angel answered on Jul 11, 2020

I am confused by this post. Are you saying you are a state employee? 25 NCAC 01j.0611 is part of the NC State Human Resources Act which applies to state employees only. A state employee would be advised of a suspension. What does the attorney in Fayetteville have to do with that? Is the attorney... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: HR txt: "You are suspended (not terminated) without pay until further notice. We will let you know when you may return."

No disciplinary actions ever. Is the txt legal and am I entitled to unemployment?

Kirk Angel
Kirk Angel answered on Jul 11, 2020

There is no specific "legal" way for an employer to terminate your employment or communicate suspensions etc. They can tell you in person, call you text you, or communicate it in any other way. In fact, that can communicate it non-verbally such as by changing the keys to the facility or... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... Read more »

Kirk Angel
Kirk Angel answered on Jul 1, 2020

If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: I was called to hr at my job & given a letter stating. This was a temporary layoff/reduction in workforce & i filled for

I was called to hr at my job & given a letter stating. This was a temporary layoff/reduction in workforce & i filled for unemployeement & received it. THe determination was no work available. Yet the day after i was layed off the company brought someone else in & placed them in my... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

Not really. An employer in NC can fire you or lay you off for any reason that is not discriminatory unless you have a written employment contract. If your unemployment benefits are equal to your pay, you have no case at all even if you can prove this was discrimination.

1 Answer | Asked in Employment Law for North Carolina on
Q: can employer fire me and take away previous paycheck because of covid?

My employer has been paying everyone to stay at home. I put in my 2 week notice and my employer fired me on the spot and told me they won't pay me for the 2 weeks. They also told me I wont be paid for the previous 2 weeks either. I have a record of the hours worked before it got deleted online.

Rhiannon Herbert
Rhiannon Herbert answered on May 6, 2020

Under the Fair Labor Standards Act, you must be paid for all hours worked. However, since North Carolina is an at-will employment state (meaning either you or your employer can terminate the employment relationship for any reason at any time), your employer is allowed to terminate your employment... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer did not invite me to a team building Virtual beer tasting, I don’t drink but I am on the leadership team

Employer is aware I’ve been in recovery from alcohol for 4 years. I’ve been on the leadership team with the company since I started over 3 years ago. An Instagram post from our company that read “team building for Thursday night” with pictures of beers in bags is how I discovered the... Read more »

Kirk Angel
Kirk Angel answered on May 6, 2020

You did not post a question. However, by itself, there is nothing unlawful about the employer not inviting you.

1 Answer | Asked in Employment Law, Contracts and Construction Law for North Carolina on
Q: I need to file mechanic lien on a property i worked on and never got paid in haywood county nc. How do i get a form

Can i get a form for free or is buying one off deed.com for 19.99 the bedt way to get form

Paige Kurtz
Paige Kurtz answered on Apr 27, 2020

The North Carolina General Statutes contain the information that needs to be on your lien form. Its set out almost in a form in the statute. See 44A-12. However, I would recommend an attorney as the lien process can be complicated.

Q: If a respondent objects to answering interrogatories on grounds of broad, burdensome, how can I respond to get the info?

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.

Kirk Angel
Kirk Angel 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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my old employer hold my check and mail it instead?

I quit my job last Thursday. We got paid every Wednesday so I arrived to my old employers office to pick up my check and she informed that she would not give me my check because she had to mail it off.

Kyle Anderson
Kyle Anderson answered on Mar 11, 2020

Yes. Some states have a time-frame by which employees must be paid, so you would need to check with an employment lawyer in North Carolina, but a few days would likely not put them in violation. For example, Ohio requires payment within 30 days, so there is not violation until the 31st day occurs... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can an employer write someone up for missing time because their child keeps getting sick?
Kirk Angel
Kirk Angel answered on Feb 20, 2020

Yes, and the employee can be fired for missing work even if the doctor gives a note. The only exception is if the child's condition meets the definition of serious health condition under the FMLA and the parent is an FMLA eligible employee with remaining FMLA leave.

1 Answer | Asked in Employment Law for North Carolina on
Q: Is my relocation repayment agreement enforceable in this situation?

I transferred to another state with my existing employer of 9 years and was given a relocation package. It had a 2 year repayment agreement with a prorated amount due each month starting in year two. The division I worked in was recently dissolved and I was offered a new position with considerably... Read more »

Greg Mansell
Greg Mansell answered on Feb 5, 2020

The answer depends on the language of the repayment agreement. The repayment agreement is just a contract. There are usually terms that address broad situations, such as being transferred to a position that is or is not comparable to your current position. You should look at the Agreement and see... Read more »

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