I was told that orientation and training would be paid. The system didn't accept me and the assistant manager said they'd put in my hours manually. They never did, and I haven't been paid. I am quitting because of another job opportunity and would like to know if I can put in a... View More 
answered on Nov 12, 2023
You can send a written request for payment for unpaid hours, even after you have resigned from your employment. Your request might include information about the amount of money you believe you are owed, how you calculated this amount, how long you have been owed this money, and previous... View More
They are changing our commission for the worse and I will lose 1/2 of my earning potential. In addition, now our national team is claiming local account causeing loss of income as well Can they enforce a 2 year non compete when they have changed my employment completely.
answered on Nov 12, 2023
It would be rather difficult for an attorney to answer your question. In North Carolina, the enforceability of a non-compete agreement is more case-specific than most other types of contracts. For example, in the employment context, enforceability of a non-compete agreement can depend on factors... View More
I'm currently working in Texas state
My current employer has offered me the opportunity to work remotely. Given the nature of my work, which primarily involves digital tasks and virtual meetings, there seems to be no immediate need for me to be physically present at our company's... View More
answered on Oct 9, 2023
Changing terms and conditions of employment can potentially affect an employee's H1B status. With some changes, the employee might no longer be eligible for H1B status. However, other things might just require an update (like a new Labor Condition Application).
To obtain legal advice... View More
I’m a delivery driver and I left work to get my car fixed because it started to violently shake. My boss told me I’m quitting because I’m not accepting the company car. The reason I’m not driving the company car is because they don’t pay you mileage when using it.
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answered on Sep 20, 2023
If you refuse to use the company car due to reduced compensation and your boss views this as a resignation, it's more of a disagreement over employment terms than a clear-cut resignation on your part. An employer interpreting a dispute or disagreement as a resignation could be problematic.... View More
I was demoted to the lowest position in the company due to "company needs". I have never been written up for anything and have done my job successfully for over 19 months. I moved up from sales to assistant manager and then to human resource manager. I'm being demoted from the HR... View More
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answered on Aug 9, 2023
In many at-will employment states, including Arizona, employers generally have the right to make changes to an employee's job position, including demotions, as long as the changes are not based on illegal discrimination or retaliation. However, reducing an employee's compensation without... View More
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
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
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
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
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
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
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
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
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
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
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
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
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
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... View More
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
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
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... View 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... View More
I live in North Carolina and my employer is based in Nevada. Part of my employment agreement includes a bonus and annual raise, but they have decided they will not fulfill these agreements and are demanding that I sign a new contract that does not include these terms and does not include additional... View More
answered on Dec 14, 2022
This is impossible for any lawyer to answer accurately without reviewing the complete terms and conditions of your employment agreement. This may also be governed by Nevada law, not North Carolina. You should take the entire agreement to an employment law attorney for review. In general terms, if... View More
If I no longer need an accommodation, could I have my job back?
answered on Nov 16, 2023
Your employer may request that you and your medical provider complete an accommodation request form.
However, your question is a bit confusing and raises a lot of follow up questions. The purpose of an accommodation is to allow you to perform the essential functions of your job. You should... View More
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answered on Sep 29, 2023
Public humiliation and threats could be considered a form of workplace harassment or hostile work environment. You may have grounds to file a complaint with your HR department or even take legal action.
answered on Aug 26, 2023
The DT class of admission on your I-94 indicates that you were allowed to enter the US under the Visa Waiver Program (VWP) for a temporary period of up to 90 days for business or pleasure.
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