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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: Is a non-compete agreement in North Carolina signed by an existing employee enforceable if no consideration is given?

Employee of 7 years told to sign agreement in 2014 or find a new job. Trying to leave job and they are threatening to enforce it.

Kirk Angel
Kirk Angel answered on Dec 7, 2019

Every contract has to have consideration to support it. Therefore, if there is no consideration, there is no contract. A couple of things to note. First, consideration is anything of legal value and not just money. Second, even if the contract is legally unenforceable, the employer may file a... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Am I being forced to work for free without realizing I am?

I have been employed by Walmart since January of 2018 and I have ran this question through my head countless of times and finally realize something isn't right. Like many other corporate companies they are focused on profit and anyway of making a bigger one. Needless to say overtime is the number... Read more »

Kirk Angel
Kirk Angel answered on Oct 22, 2019

Not sure that I completely understand what you are asking or why you think this is working for free. The wage and hour law requires an employer to pay an employee for all time worked unless the employees is salaried exempt. If you work over a scheduled shift or ending time, but your hours are... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can someone be fired if the company suddenly considers them a liability? Even if they have never had a work accident?

My father always completes all of his work he has never been written up. Lately he has been having back and hip problems and yes he has slowed down from when he was 20 but he completes every task asked of him. And today HR contacted him and said that he had to get a note from a doctor today to be... Read more »

Kirk Angel
Kirk Angel answered on Oct 8, 2019

In general, yes. North Carolina is an employment-at-will state where an employee can be fired at any time for good, bad or no reason at all. If he is not performing upto the employer's expectations, then he can be fired and that would be considered a "good" reason. However, if he is not performing... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: At my job we get 30 mins for a lunch break. We were told that if we forget to clock out that an hour will taken. Legal?

Apparently people are abusing the break system at work and the above policy is the answer. I am asking is it legal to take an extra 30 minutes if you forget to clock out. Isn't this stealing time?

Kirk Angel
Kirk Angel answered on Oct 7, 2019

It would be unlawful if you really did work during that 30 minutes. It would not be unlawful if you did not work during that 30 minutes.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I was off the schedule to work and they tried calling me into work, they are threatening to fire me if I don’t come in..

Is this legal?

Kirk Angel
Kirk Angel answered on Sep 25, 2019

Yes, they can fire you if you do not come in. You would not have a legal claim unless you were out due to something like jury duty, military service or FMLA.

1 Answer | Asked in Employment Law for North Carolina on
Q: I was berated screamed and totally disrespected . By supervisor I then asked to go to HR. And was denied. Is that legal
Kirk Angel
Kirk Angel answered on Aug 10, 2019

That is terrible for you to have to go through.

However, there is no law against an employer, supervisor or co-worker berating, screaming or disrespecting you in this state. This type of conduct may be unlawful if it is directed to you on the basis of race, color, sex, national origin,...
Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: If my position went from exempt to non-exempt. Are we owed back pay for working overtime when exempt?

Prior to changing us to non-exempt we were required to attend Conferences that lasted well past our normal business hours. When not at conference or trainings we couldn't go over 40hrs but at these events we worked 50 - 60 hours without additional pay. Is that legal?

Kirk Angel
Kirk Angel answered on Jul 9, 2019

You cannot be switched between exempt and non-exempt by your employer as those are legal terms defined by the wage and hour laws. You are either one or the other unless there is a substantial change in circumstances (job duties change for example). In making the determination, the law focuses on... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can an employer constantly text an employee after hours?
Kirk Angel
Kirk Angel answered on Jun 15, 2019

Yes. However, if the texts are work related and you are a non-exempt employees (one entitled to overtime), then the employer must pay you for that time spent on the texts. If you are an exempt employee, then the employer is not required to pay you for that time.

1 Answer | Asked in Employment Law for North Carolina on
Q: Why was I denied although state psychiatrist deemed me unable to work stable job

I was ordered to see state psychiatrist due to ADHD, social anxiety, bipolar, and other mental issues. State Dr. said to me he was deeming me unable to work a steady job that would provide stable income due to my emotional issues and bipolar. Yet I was denied. I am confused as to why. This was for... Read more »

Kirk Angel
Kirk Angel answered on Jun 12, 2019

This is posted in the Employment Law section, but I recommend posting it in the Social Security Disability section. I think it is imperative that you reach out to social security attorneys as soon as possible. I really cannot make a recommendation based on personal knowledge as I do not work with... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Hello, is it against the law for a manager to ask and have a discussion about my medications with my coworkers?

I was out from work for 2 days because of my panic attacks. Today is the third day and my coworker just told me that my manager was asking him about my medications and in front of my coworker while I am not there. I am so embarrassed and upset that my manager is asking my coworker about my... Read more »

Kirk Angel
Kirk Angel answered on May 23, 2019

In this scenario, most like this is not unlawful. Employers with 15 or more employees are required to keep employee medical information once they receive such information from the employee or a third party on the employee's behalf (a doctor for example). However, asking about your medications is... Read more »

Q: I have separated from my fiance. He is now harassing me and my friends. Can I get a restraining order?

He also is unwilling to give me the money owed me according to our business contract and he also is not allowing me access to get the rest of my things from his home. What should I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 23, 2019

If the facts are as bad as you say, you can get a restraining order--and an order allowing you to get your things. But if you do owe him any money, you might see a lawsuit soon.

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Products Liability for North Carolina on
Q: If a doc. between privatemployer and you is not notarized and a word doc, is it considered a legal doc

Husband out of work for 4 and a half months due to injury not sustained at work. Work said he had 40 hrs PTO he can use, but broken down to maintain insurance needed for operations , Dr appts, etc. Returns to work, employer hand him document that is not notrawarized and typed up in a Microsoft word... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Whether the document is notarized or not does not matter. This is a simple internal payroll issue. It sounds like the employer has allowed your husband to return to work but is also docking your husband's pay because he used more than 40 hours of PTO while tending to his medical needs. This can be... Read more »

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1 Answer | Asked in Employment Law and Collections for North Carolina on
Q: A former employer deposit funds in my account in error, am I obligated to repay those funds? What if I am unemployed?

A former employer called me in April and stated that for several months funds were deposited in my account. I checked my banking statement and he is correct. I left the company 8 months ago. Funds were deposited for 3 months. Funds were last deposited in November. I truly did not know that funds... Read more »

Kirk Angel
Kirk Angel answered on May 2, 2019

The employer can file a claim to get those funds back. If they do, they will then try to collect if from you.

2 Answers | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I am bullied daily at work. complained but no results. I have had severe emotional stress/suicidal thoughts. Can I sue?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 19, 2019

If you feel you are being discriminated against at work you should either contact the federal Equal Employment Opportunity Commission in Washington DC or contact the corresponding state agency in South Carolina that also handles these claims.

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1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Hi, I started working at a IGA store in my town where I noticed I was being underpaid the agreed wage rate.

I'm headed in for a meeting with the store manager later in the day, though my fear is that my request for being paid my lost wages and switching all my hours for the lower wage to the vastly superior wage. I'm an hourly worker and I have a few coworkers with a similar problem.

Kirk Angel
Kirk Angel answered on Apr 14, 2019

If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I am paid on salary. If my boss asks me to stay longer than my shift to train without pay. If I left, could he fire me?

My boss says the training is required, but it was not in my contract.

Kirk Angel
Kirk Angel answered on Feb 13, 2019

Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.

You mentioned a contract. If it is actually an enforceable employment contract,...
Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: NCDPS is sending a Letter of Overpayment when they terminated me, Didnt pay for a week of work or vacation leave.

i was ''Voluntarly Terminated'' during Hurricane Florence in NC and now i am receiving a letter stating that NCDPS overpaid me and that i need to may payments. I wasnt paid for a Week of work nor did i get paid for my leave days that were used during the Storm.

Kirk Angel
Kirk Angel answered on Jan 28, 2019

I do not see a question. However, if you really were overpaid, then the DPS can institute legal action to get that money back.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Securities Law for North Carolina on
Q: I'm searching for a NC attorney who can review a financial services consulting agreement.

Review and advise on an IAR agreement.

Tim Akpinar
Tim Akpinar answered on Jan 25, 2019

You could contact the North Carolina Bar Association for assistance. They have an attorney referral service.

Tim Akpinar

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I have a friend that's a manager an gets paid salery.. can they suspend him indefinatly without pay for getting arrested
Kirk Angel
Kirk Angel answered on Jan 14, 2019

Yes. North Carolina is an employment-at-wills state where an employer can take any action it wants against an employee for good reason, bad reason or no reason at all. As such, your friend's employer can suspend him at any time for any reason. Also, If your friend is not working, the employer is... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can a religious nonprofit that receives federal aid choose to not hire me because of a hearing disability?

They say they are an equal opportunity employer, but do not want to hire me because of hearing loss.

Kirk Angel
Kirk Angel answered on Nov 23, 2018

The employer may be able to based on a US Supreme Court case that expanded the "ministerial" exemption in employment law. It is a complex issue that you will need to consult directly with an experienced employment attorney about to get a specific answer.

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